Saturday, August 31, 2019

Philosophy Final Essay

In the Philosophy, Determinism has many different categories. Actually according to the textbook, the Determinism is the view that every event, including human actions, are brought about by previous events in accordance with the natural laws that govern the world. Human freedom is an illusion. Jewish philosopher Baruch Spinoza does not deny that people’s wishes and desires will lead to the soul, and he said, â€Å"but neglected one important factor†, that is, in Baruch's view, â€Å"the will† or we could call it the freedom of choice, is also determined by another factor.Meanwhile, this factor is again determined by another factor, â€Å"and then another, then another, and thus infinite persistence. † Arthur Schopenhauer, a German philosopher, who has the same opinion with Baruch, wrote that, â€Å"We all believe that we are born to be free†, â€Å"But afterwards, we will be surprised to find ourselves that we are not free at all, but subject to th e necessities†. In other words, Baruch gives the view that man is not free, and Schopenhauer finds the reasons of why man is not free. While considering the strengths of the Determinism, the Determinism can be said to be the pioneer of the science.The Determinism argues that everything in the world is in some kinds of causal relationships; all the movements of the world are determined by natural laws. Once we know the causes, we will definitely know the results. Because of this, science experienced a huge development. For instance, Newton’s calculation of planet motions makes it possible for us to accurately predict the foreseeable future. Under this circumstance, the world is like a clock, and it seems like man could know everything in the future. However, it is not quite like this.I think the Determinism ignores a very important factor, which is human’s role in this process. Human factors are involved wildly in human behaviors and various social systems, includ ing social laws and religion doctrines. Just like what I mentioned previously, scientists believe that the human life is pre-determined and human’s behavior is inevitable. They consider that if someone has all the information of one person, he or she may get to know how he or she is going to change in advance. But from the point of view throughout the history of human society people often turn to emphasize personal responsibility.Law and legal penalties for criminals act based entirely on the idea of individual â€Å"free will†. Most Jewish and Christian also believed that individuals should be responsible for the crime and suspects should be punished. We can imagine a psychology professor who believes determinism would say to a student: â€Å"You have to concentrate to your study, otherwise you will get nothing! † You can see the contradiction of human behaviors from this typical and ironic statement above, and notice that there exists a deviation between theor etical knowledge and actual human behaviors.At the same time, the Libertarians believe that people have â€Å"free will†, and there are no such inevitable results of those behaviors that are controlled by â€Å"free will†. Libertarianism has different meanings in different academic fields. From the general level, the libertarianism refers to people’s ability to decide whether or not to do something according to their conditions. Or in other words, according to the text book, it is the view that humans are able to make authentically free choices that are not determined by previous events in accordance with the natural laws that govern the world.In other words, given a choice, â€Å"we could have done otherwise. † There is a â€Å"Brake theory† that belongs to the Libertarianism argues that the actions under â€Å"free will† are cases of â€Å"actors causal relationship†, that is, from an actor leads to a result. In other words, a liber tarian is likely to emphasis more on subjective randomly selected without external oppression, and any random selection reflects a kind of chance. However, once the people make choices under their â€Å"free will†, relative to the present results, the past is always a choice determinant.Just as the ancient Greek philosopher Aristotle's â€Å"Battle of the problem†, although in the â€Å"Today† perspective, whether the naval battle will occur â€Å"Tomorrow â€Å"cannot be determined, but if we guess that â€Å"Tomorrow † the naval battle will occur, and the naval battle actually took place the next day, then we look from â€Å"Tomorrow † to â€Å"today†, the result is inevitable established. John Locke, a British philosopher, even thinks that, â€Å"If a man describes the will as ‘free', that person is guilty of a ‘category  mistake',† and he also believes that the freedom is a power belongs only to the actors.Thomas H obbs, another British philosopher, also considers the â€Å"free will† as an â€Å"absurd language†. He believes that the freedom is defined by the will. As a result, the freedom cannot be used to describe the will, and I think this is the biggest weakness of the Libertarianism. For Compatibilism, according to our textbook, it is the view that all events, including human actions are caused.However, we can consider human actions free if they are a result of internal motivations, not the product of external influences or constraints. I think, first of all, we should be clear that there is no absolute freedom. Any freedom should be based on a pre-determined range. As far as I am concerned, reality problem is made of all the options provided in some choices, and the so-called freedom is to provide more options for those choices, or we can say it expands the scope for choice.So based on this fact, we could summarized that, any freedom has the will as its boundary, in other words, the freedom is limited by the will, and definitely it cannot describe the will itself. Furthermore, the freedom of choice exists only in a moment, and it is a property of action’s initiation process. Once a choice is made, there is no meaning for the freedom at this moment. For each choice it provides, determinism is there. In fact, each of these options we have at the choosing moment is associated with one or few past factors, and even we can say that those factors determine the existence of this option.But for the selection process contains all those options, the concept of the â€Å"free will† can also exist because every option is inside the range of choice, and each choice is the result of chance. For example, if life is seen as a string of pearls, each â€Å"free will† can be expressed as the choice of each pearl and all those pearls could form the causal chain, which reflects the Determinism. Overall, I think the Determinism and the â€Å"free wil l† cannot be separated.Determinism offers countless possibilities, and the â€Å"free will† can be expressed in those choices under such possibilities. Personally, I would say the Compatibilism the one I like the most and I think it ought to be correct in the real world. The reason is that, first, just like I said, there is no absolute freedom. Everything can be interpreted differently by using different perspectives. Second, please don’t forget or underestimate the power of humans inside these decision making process. Human have learning  skills and we could get experiences from the past and use those to guide the future decisions.This is a reflection of the Determinism. However, things are always changing. The problem you faced last time may or may not be the problem you have at this moment. Just like Heraclitus said, â€Å"No man ever steps in the same river twice, for it's not the same river and he's not the same man. † That’s why the â€Å"f ree will† also exists and it might lead you to another new option you have at this moment. This is a reflection of the Libertarianism.

Friday, August 30, 2019

Prohibition in the United States and Christian Temperance Union

Prohibition, Why Did Americans Change Their Minds? Alcohol was thought to be the source of several of the nation’s problems. Issues like domestic violence, unemployment and poverty. The Women’s Christian Temperance Union first introduced the idea of prohibition, the illegalization of the buying, selling or consumption of alcohol. Prohibition was made official in 1919 as Nebraska became the 36th state to ratify the proposal. Prohibition took effect one year later in 1920.In the beginning, prohibition had an overwhelming amount of popularity from most of the country however Americans quickly changed their mind. Prohibition ended in 1933 with the 21st amendment to the Constitution. The increase in crime across the nation, several negative financial aspects of prohibition, and the eventual increase in corruption and loss of national restriction were all factors in the nation’s sudden change of heart. Perhaps the largest factor in the change was the overall increase i n crime.The most horrifying statistic from the Prohibition Era was the dramatic increase in homicides. Information taken from a FBI statistical report on homicides states that there was an excess of 9 homicides for every 100,000 people. There were more homicides during prohibition than during the upcoming decades, including both World War I and World War II (excluding deaths during combat). In order to continue the supply of alcohol, now illegal, underground operations began popping up in urban cities.Bootleggers ranged from middle class citizens and their homemade moonshine to an elaborate network complete with a supplier and several customers. With limits on law enforcement and the extent of U. S. jurisdiction, it was easy for people to get around the law. The distance off a U. S. coastline and boarders proved to be difficult areas for law enforcement to maintain. Bootleggers could often get out of U. S. jurisdiction and across the border to either Mexico or Canada where alcohol w as completely legal for sale and consumption.Another reason Americans changed their opinion was the negative effect prohibition had on several different financial aspects. Prohibition took away an enormous amount of income from the government, first with the absence of sales tax on the illegal merchandise. Any alcohol sold there could be no sales tax and thus gained no profit for the government. For all the tax that could have been collected the country could have paid off their national debt with a surplus of $200,000,000 dollars according to research titled The Last Crusade written by Leslie Gordon.But first and fore most prohibition shut down factories. Manufacturers had to shut down plants putting Americans out of a job. Job loss gave prohibition a negative outlook. The third reason Americans eliminated prohibition in 1933 was the corruption at a government level and the loss of national restriction needed to enforce prohibition laws and limits. Stated by Mabel Willebrandt, Depu ty U. S. Attorney General for Prohibition Enforcement, Senators, Congressmen and various government officials, disobeyed prohibition. The very people who put it into effect didn’t follow it.And with the lack of law enforcement, only 3,500 state agents and flying squadrons monitoring the country’s borders, crimes slipped passed the eyes of the police constantly. Crimes also occurred within the country unnoticed by police officers, causing assumptions towards law enforcement with questions on their relationship and involvement with the bootleggers and underground operations. Prohibition put the country in chaos. The increase in crime, lack of income for families and the government, and the government corruption and loss of restriction all became facctors in America’s decision to repeal prohibition.

Changing Workforce Essay

Introduction: It is no surprise that the workforce is on the move and changing at a growing rate. There are several factors that lead into the changing workforce and play important roles. There are the workers who are leaving, the ones who will be staying and the new ones who will be entering, all of which have an important role to play in the US economy. This topic is important but it seems to weigh a little more heavily during an election period like we are in now. When the unemployed rate is high and the national debt is at an unprecedented amount it makes me wonder, who will our job force consist of and how will it be changing? Some of the important things that need to be considered when looking into how the workforce is changing is who is now entering the workforce that was not previously in it? How will this affect competition for jobs? Are education levels affecting the workforce? Childcare and Eldercare seem to be playing an increasing role in who works and who stays at home to care for th eir families, will this change? More minorities are also working in the US making a big change to the workforce, how does this play out with HRM and other parts of management? All of the questions and statements above need to be answered in order to find out why the workforce is changing and who comprises the majorities now. The workforce today is much more different than just 20 years ago. It is important as a human resource manager to stay up to date on these things and to know what the coming trends are for who you might be looking to employ. Significance of the topic to the field of Human Resource Management: The effects of the changing workforce on Human Resource managers are quite large. As of 2007 in healthcare there are older workers than younger ones. The issues arise in HRM with this when the technology is changing and schools are teaching different things that the older generations are not as familiar with if at all. The changing of technology in any field is greatly  affecting all parties involved. The issue of globalization and learning new policies and procedures of how to handle a workforce that is not in the same location you are is also something that is on the rise. The changing of the demographics as well as competition also plays a large role in why HRM is becoming such a fast paced changing job. The biggest issue that the US sees in the trend of the workforce changing is the older workforce. With an aged employee base come issues with health cost, retirements, age discrimination and succession planning. All of these things have to be considered and taking very seriously in HRM. It is important to handle all the issues legally and just fully but with the things like increasing healthcare cost for the older generations things get tough for the managers and decision makers. Literature Review: The article Trends and Challenges for work in the 21st Century goes over a lot of points on the changing workforce and what is making it change. It includes things such as changing demographics and why they are changing, the issue of people having or choosing not to have children while in and out of the workforce as well as our aging workforce. It looks at things such as insurance and pensions and whether or not those have any effects on people choosing to stay in the workforce longer or shorter amounts of time. Lerman, R. (n.d.). Trends and challenges for work in the 21st century. Retrieved from http://www.dol.gov/oasam/programs/history/herman/reports/futurework/conference/trends/trendsVII.htm This article had figures from the women in the workforce. It examined how many have children under 18 versus those who have children over 18 and are in the workforce. I think the goal of this study was to see how many females with younger children choose to stay at home rather than work. They also included a study of the race and sex of employees in the workforce and how it has changed. This article seemed to find that with the changes in technology, the adding of more women and more minorities to the workforce has made drastic changes and will continue to do so over the next decades. The article seems to lean on the side that people are choosing less or no children and that enables them to work more. However, having less or no children directly impacts the workforce for the coming generations. Nursing Leadership is a publication of where I found  the second article I reviewed. Although it focuses on one career instead of the workforce as a whole it is very specific how the workforce change has affected the nursing and medical industries. The change in technology seems to be the hardest adjustment for the ones who have been in the workforce the longest. Spinks, N. (n.d.). The changing workforce, workplace and nature of work. Retrieved from http://www.longwoods.com/content/19286 In this article Spinks talks about in 2010 that the older workforce will outweigh the younger ones. She talks about issues of predicting retirement, â€Å"Women’s retirement patterns are somewhat less predictable because we are only now beginning to experience large numbers of women in the paid labour force working until retirement†. (Spinks) Although the article is done about healthcare she makes a lot of good notations and observations about the workforce as a whole. In this article she lays out 7 strategies and solutions to help maintain a good strong workforce. Spinks did a lot of her observations and studies in Canada. One section of the article talks about having a workforce shortage and I can assure you the US has not had this issue in the last few years. She found that the workforce in Canada is much like the population there, many are not from Canada but rather born somewhere else and migrated there or their ancestors came to Canada making the work population there very diverse. To me it seems Spinks found that technology and diversity in the nursing and healthcare industry are the biggest struggles when you start to think about the workforce changing. That although this study was done in Canada where their health system is a bit different from that of the US the overall concept of the workforce aging and changing is the same. In the article the workforce is changing the way we do business printed in the USA today magazine the author talks about the corporations being able to keep up and how to handle the changes. The author goes into some detail on how to keep a completive edge even when your employee base that you once knew is now completely different. The author also talks about what to look for in the new employees that will be emerging, or what kind of people you should look to hire. Herman, R. E. (n.d.). The workforce is changing the way we do busines. Retrieved from http://www.retentionconnection.com/retention_article_workforce_changing.html This article explores the idea that its not just customers looking to be satisfied within a business but the workers are as well. Herman states that  while there are people out there willing to do work there are not enough qualified for the skilled jobs, thus making the competitive advantage harder to achieve today. One idea that Herman explores to help with this problem or situation is to concentrate on building workforce stability. He explains it like this â€Å"Concentrate on building workforce stability. Forget the revolving door of recruiting and hiring any warm body. It doesn’t work and will just create more problems for you. Replacing people who leave will become more chal lenging. Evaluate the qualifications for your next hire(s), and become more selective. If you’re going to invest in retention, you might as well have good people to retain.† (Herman) This article to me states there is indeed changes happening in the workforce but more importantly is how as a business we embrace the changes and hang on for what could be a rough time. It shows the importance of having skilled workers to help your company but at the same time there are not as many of them as there once was. Workforce planning makes for a smarter reduction in force is an article that seems to relate very well to the economic times the country has been and seems to be copiously enduring in regards to jobs and job demands. The idea that businesses need to cut cost means they have to look at lowering their work force to save money. This takes a different approach then the normal how is the workface changing articles bur rather how are businesses changing the workforce. Garbis, N. (01, 2010 06). Workforce planning makes for a smarter reduction in force. Retrieved from http://www.humanresourcesiq.com/business-strategies/articles/workforce-planning-makes- This article goes over the idea that businesses in this time of the economy being hard and not being as profitable they sometimes offer the employee to take some sort of severance package and leave. Garbis says you have the worse problem when to many leave, or you forecast incorrectly of how many of your workforce you need to eliminate. His studies show that having workforce planning in place can be very beneficial but it is something that needs to be re-visited often so that to many or to few employees are let go back out into the workforce when really they are needed. The article A Global March toward an aging workforce was written after a speech by an author of a man named Ted Fishman. Fishman looks at the ideas that the age range of the world population and those who are working now is not near the same as it was a decade or two ago.

Thursday, August 29, 2019

Understanding of happiness Essay Example | Topics and Well Written Essays - 1000 words

Understanding of happiness - Essay Example Daniel Gilbert a professor of psychology at Harvard University is a renowned and influential social psychologist and has contributed immensely in the topic of happiness through vigorous research in happiness and the factors that might be attributed to happiness currently and to the future. Gilbert is much concerned on issues that may guide us to realize our future happiness and identity and how one can utilize these factors to achieve their happiness. According to Gilbert, we learn from others and to achieve our future happiness, the experience of others might prove to be of utmost importance as compared to individual’s experience.Gertner on the other hand is a famous writer having immense contributions in leading dailies such as the New York Times, and is concerned with issues that directly affect populations and the real identity of the human kind in determining what they really want in life in defining their real identity. Largely, the two writers are deeply involved in iss ues are related to how individuals can attain happiness and defining their lives now and in the future through rigorous research and experiments. However, Gilbert proves to be a more senior writer as compared to Gertner, and the latter largely utilizes the ideas and the arguments by the former to extend his argument. Gertner introduces his argument by revisiting the argument by Gilbert and explaining the effectiveness of Gilbert’s arguments in daily lives of individuals.... The two articles by Gertner and Gilbert clearly portray this requirement. Gertner initiates the argument by explaining his side of the argument to the audience and supporting the arguments about happiness as expressed by Gilbert. Gertner goes ahead to present a set of statements that explains his argumentative side such as, â€Å"you are wrong to believe that a job loss will be crushing† and â€Å"you are wrong to believe that a new kitchen will make you happy for as long as you imagine† (Gertner, 397). It is these questions that form lay the basis to form a thesis in Gertner’s argument and explain to the audience his argumentative side, which is a requirement in academic writing as explained by Irvin (9). On the other hand Gilbert initiates his argument by expressing the sentiments expressed by the lyrics of Doris Day, upon which he tries to disapprove the notion that the future can never be foretold and is better if left to happen automatically (Gilbert, 170). It is upon this argument that Gilbert forms his argumentative side and continues to offer immense supporting evidence to prove the fact that the future happiness can really be experienced before hand and we need the experience of others to determine our own future. For example, Gilbert states that ,†accurate beliefs give us power , which makes it easier to understand why they are so readily transmitted from one mind to another†(Gilbert, 172). This proves that fact that we can learn about our future through the experience of others and do not have to rely on our own experiences alone. This is a major requirement of in academic writing. Irvin (9) further explains another aspect of academic writing to be a critical analysis. This implies the use of concepts that enable the writer

Wednesday, August 28, 2019

2008 Presidential Campaign Essay Example | Topics and Well Written Essays - 1500 words

2008 Presidential Campaign - Essay Example This essay discusses the 2008 presidential campaign and presidential election, in which Obama contested with John Mc Cain. This was the election in which Obama got the highest vote and he won with the highest vote count. It happened on November 4th of 2008 and Obama was an attractive personality even when he was campaigning for the election. Barack Obama was on the part of Democrats while John Mc Cain was with Republicans. Obama voted from Illinois while John was from the senate of Arizona. The highlight of this election was that in this election Obama won the highest number of votes any president has earned in the whole history of America. Here Obama received 365 electoral votes while John received 173 electoral votes. The researcher aims to analyze the question why Obama was so much popular and highly voted during 2008 election. One of the unique features of the 2008 election was that Black got a chance to vote for someone without having racial consciousness. The unique quality of Obama was that he had the innate characteristic of reviving something or a country which was shattered in pieces. Obama before his 2008 campaign completely studied the economical situation of the country and understood the problems of common men. He was not only preaching but also practicing in a positive manner. It is then concluded by the researcher of the essay, that it was Obama’s dedication, hard work, love and compassion to his country and country men which led to his presidency to be a success.

Tuesday, August 27, 2019

Monarch PLC Airlines Essay Example | Topics and Well Written Essays - 2500 words

Monarch PLC Airlines - Essay Example Monarch Airline operates in an environment that has appreciated the advantages of technology, innovation, and rapid changes in their trading environment (Doganis 2006). Its customers have diverse interests and satisfaction levels hence serving as the main drive for change. In addition, the airline faces a lot of competition from other airlines operating within the same locality and destinations. With such a diverse and demanding environment, the airline has had to make major improvements to continue meeting the market demands. For example, to continue meeting the high demands on bookings by customers, the organization had to change from making bookings over the internet to using open skies by Navitaire. This has seen the company grow to handle large systems of operations within small timelines. It has also favored the company in protecting its information while changing swiftly to the ever-changing demands in the airline market. The survival of any business depended on how the manage ment will handle the risks since they are inevitable but manageable. Challenges and opportunities keep on changing making it hard for any company to operate in a highly competitive area. Therefore, for any business to grow, risk taking is a practice to embrace (Flouris & Yilmaz 2011). Monarch airline is not exempted in this and thus has had to face many risks. Overcoming and managing the risks has seen the company grow to where it is today. Managing risks involve balancing between rewards and losses. It entails minimizing bad outcomes and enhancing good outcomes (Thomas 2002). It comes with a preparedness to handle any misfortunes that will take place in the cause of operation. It has been proved that everybody would play on the safe side of life. This provides a shield against unplanned events that endanger the running of a company or any part in the society (Flouris & Yilmaz 2011). However, some risks are inevitable and uncertain to happen. When they happen, it is only prudent to learn how to cope with them. Uncertainties and ignorance stands as major challenges in coping with the situations. Through the authorities, the balancing act should be approached from an open point of view that will accommodate all parties involved. Risk management in any organization is perceived to be the responsibility of specific individuals. However, this should not be true since every human being by nature is a risk manger. Every person by nature is responsible to handle the nature of risk created by his or her behavior (Douglas & Wildavsky 1983). The only thing that the authority can do is to ensure that every individual within the operations of the organization are well informed of the risks involved and the possible ways out of the risks. In every organization, risk experts and safety regulators stands out as very important part in the daily running of the institution. They identify risk issues early before everybody else does that (Thomas 2002). Risk authorities estimate t he magnitude of risk and therefore advise the parties involved accordingly. However, there has been cases where many people insist in taking much risk than can be handled (Douglas & Wildavsky 1983). One could be because of ignorance and two could be lack of knowledge on how much such risks could cost the organization. Risk is

Monday, August 26, 2019

Bullying in schools Essay Example | Topics and Well Written Essays - 2500 words

Bullying in schools - Essay Example Before anything can be proactively done about bullying in the schools, the problem must first be fully recognized, its magnitude must be realized, its process of development must be identified and adults in key positions must be aware of potential effective strategies to reduce or eliminate bullying behavior in the schools. The word ‘bullying’ as it is used in this context describes a specific behavior pattern of intimidation and varying, sometimes escalating, use of violence. The objective is often nothing more substantial than the feeling of mastery over another individual making the behavior traditionally associated more with boys than with girls. â€Å"Bullying is characterized by bigger and stronger youngsters’ ‘victimizing’ their peers through the repeated use of negative actions, such as physical, verbal or relational aggression† (Pellegrini & Bartini, 2000: 700). While there remains a marked difference between the number of male versus female bullies, this is changing with the increased number of women expected to enter into the competitive social sphere. According to Maccoby (1998), the traditional gender difference was determined to have been largely the result of a culturally stronger male association with physical aggression as an appropriate means of establishing and maintaining peer status or dominance. Whether victim or bully, though, the patterns for an individual’s later social treatment and behavior in school are typically first established in the home. A study conducted by Schwartz, Dodge, Pettit and Bates (1997) discovered children who grew up to be aggressive victims in elementary school had usually experienced punitive, hostile and abusive family relationships during their preschool years. Children who become involved in aggressive acts have usually witnessed greater incidences of adult aggression at home and act out what they’ve seen as they

Sunday, August 25, 2019

Bulding and Constraction Company Research Paper

Bulding and Constraction Company - Research Paper Example Greater detail, analysis and sensitivity are prescribed when quality is the key element of project completion. This means processing controls, implementation and constant appraisal of the project phases to keep on track. Implementing total quality begins with an accurate definition of the project and its critical limitations; then it is followed by estimating task durations and resources in a work breakdown structure. Tracking progress, reporting problems and altering the plan of action, requires the application of several project management tools. If it must be noted, persistence and effort is expected in the commitment of TQM. It is thought that ‘when a plan has not been followed, the plan was a waste in the first place’ (Leavitt et al, 1994). Figure 1 and 2 present the crucial aspects required to achieve quality in project management. The first emphasizes on importance of active participation of different entities or the involvement in acquiring relevant feedback important in improving the project. The second figure shows the role of leadership and organisation culture in the process of change. Globalisation has caused changes in project structures and authority levels, becoming more equalising but requiring a broadened sectoral participation. Thus efficient project management skills are required. With the urgency to be on time and in budget, coordination is repeatedly used through the application of project management tools. It can be said that modern project management is relatively new, as it has been used widely in most sectors in the recent 1990s (Uluocak, 2009). This study applies the varying tools in Total Quality in Project Management, specifically in the second part of the vertical phased project of the Bentall Centre 5. To highlight the technical skill, the work breakdown structure and earned value

Saturday, August 24, 2019

Exploring Fashion, Fit And Affordability Report Analysing Essay

Exploring Fashion, Fit And Affordability Report Analysing - Essay Example The paper "Exploring Fashion, Fit And Affordability Report Analysing" analyzes the fashion availability, fit and affordability in the UK stores. The objective of the research has not been presented clearly and distinctly. If the researchers have a clear perception of the objective and the purpose of the research, it helps to develop the research methods more accurately. It also allows the reader to understand the purpose of the study better. Presenting the purposes as above would make it easier for the researchers to analyse their research and findings more effectively, and achieve what they intended to find. It also makes it easier for the reader to judge whether the findings corroborate with the purpose. Moreover it is easier to refer back to the purpose. The study applied a mix of the quantitative and qualitative research methodology, as one of the prime objectives was to examine the satisfaction/dissatisfaction with the retail experience. This would be difficult in a purely quant itative approach. Quantitative approach is equally essential for this study because it enables distance between the observer and the observed. Moreover, quantitative research is descriptive and such a study requires description. A qualitative approach, on the other hand, allows the researcher to get an â€Å"insider perspective on social action† (Knox, 2004). In the quantitative method the focus is on numbers while the qualitative method has the potential to reveal complexity. Pure quantitative research.

Friday, August 23, 2019

Parents Involvement in Their Children Education Research Paper

Parents Involvement in Their Children Education - Research Paper Example As children attend school, parents should participate in the education process using several approaches. These include buying uniforms, paying schools fees, assisting with homework, taking them to school and picking them. Sciarra (2004) indicates that parents should create an appropriate environment for their children by removing distractions such as excessive TV or films, too much movement or regular friends. DEEWR (2011) indicates that the home and learning environment should be favorable for children in order to boost their learning process. Parents’ contribution in their children erudition whose objective was to explain enhances their performance in school. Parents should teach their children songs, drawings as well as paintings or allow them to visit the library. As a result, parents know their children’s talents and preferred co-curricular activities. Additionally, parents get to know their children’s friends and keep a record of their progress in school. A ccording to a recent research whose objective was to explain the relationship between parents’ involvement in their children education and results, it was discovered that help with schoolwork is directly proportional to a child’s enhanced reading, understanding of numbers and improved scores. Another importance is that parents get to know their children capabilities and weakness. Additionally, parents get to know their children’s friends and keep a record of their progress in school.... of Education, claimed that parents’ participation in their children education is critical than socio-economic status of the family. This simply means that a child’s economic background does not influence their academic capabilities rather than their parents’ involvement (Sciarra, 2004). According to Sciarra (2004) parents are involved in their children’s education and social life in order to manage issues such as drug and alcohol abuse, peer influence and bullying. Financial constrain is a challenge that parents face, limiting them from taking their children to best schools, provide them with good books and educational trips (Sciarra, 2004). Sciarra claims that children who come from families whose parents suffer from sickness, mental disorders or abuse drugs are likely to perform poorly in school. These parents do not take a centre role in order to ensure children meet their academic objectives. Furthermore, children from such families do not engage in sp orts, go out on academic trips or buy books so that they do not burden their families. Additionally, such children avoid good careers such as medicine, law and engineering because parents cannot pay the required fees (Sciarra, 2004). In as much there is a broad agreement that parents influence their children education, researchers are still investigating an appropriate form of parenting that would lead to academic success of children. Theories on how parents can pass reading culture, skills and good attitudes to their children are being debated on. A significant proportion of scholars argue that some children are inherently intelligent while others are not academically talented. These scholars further claim that environmental influence or parental guiding cannot change academic capabilities. There

Thursday, August 22, 2019

New loci for genetic resistance to malaria in humans Essay

New loci for genetic resistance to malaria in humans - Essay Example The pathogenic species belonging to this genus include P. ovale, P. Malariae, P. falciparum, P. vivax and P. Knowlesi. The severe form of the condition is the one caused by P. falcipurum which is prevalent in the Sub-Saharan Africa. Some overlapping clinical syndromes that indicates the severe form includes severe anaemia (SA) and cerebral malaria (CM) (World Health Organisation, 2000). The essay below refers to GWAS approach to develop the strategies applied in the development of control for infectious diseases in humans. According to Kwiatkowski (2005), the disease has been identified as a potent type in the human population. This is because genetic traits such as sickle cell variants have been proven to protect people from malaria. Some highly variant genes offer resistance to malaria e.g. sickle cell haemoglobin variant (Hb-S) and Glucose-6-phosphate dehydrogenase (G6PDH). This affirms that malaria resistance among humans is genetic (Hedrick, 2011). The response to the malarial p arasite of the human body varies i.e. some people may succumb upon infection while others may survive. This variation is caused by genetic factors (Mackinnon et al., 2005). The prevalence of the disease has led to an increase in mutation in the human body to counter the negative effects of the disease. Snow et al., (2005) alludes that the malaria form caused by P. falcipurum in endemic areas has led to a strong selective pressure among the human population. ... Studies on the genetic make-up of the human body have been enhanced by construction of a complete human genome. Enhanced genomic studies have been conducted globally to understand the variant traits of diseases and conditions such as diabetes and/or malaria. The genome wide studies include studies related to genome linkage and association. Genome-wide association studies are involved in the identification of the pathways influencing malaria, especially the severe form of malaria. Human chromosome 10 (10p15.3-14) and chromosome 13 (13q) have been identified by Timmann et al. (2012) to possess pronounced linkages to the severe malaria forms. Genome-wide association studies links individuals with common genetic variants to a host of diseases and traits. Hirschorn and Daly (2005) deduce that the studies are characterised by a survey across the genome sets of Single Nucleotide Polymorphism (SNP) for most of the common genetic variation that causes diseases or exposes an individual to dise ase vulnerability. Additionally, these studies contribute in the identification of the variants contributing to the disease on focus. The genome-wide analysis identifies the factors that influence health and disease. Contrary to the linkage studies where markers associated with the genome must segregate with diseases in families, the GWAS studies focuses on the analysis of genome for possible genetic variants causing the disease (Hirschorn and Daly, 2005). Timmann et al., (2012) asserts that resistance to malaria has not been comprehensively established. The GWAS studies are appropriate for identifying the variants for the genetic resistance in the body. The GWAS studies involve the application of

Group interactions Essay Example for Free

Group interactions Essay My tone and pitch was appropriated I did not shout at my client as this would make her angry or even intimidating to talk to me so I kept it at a level that she could hear me clearly. I did not used any slangs and jargon because my client may not of understand what I was say so she will be confused not only just my clients but others within the group also the only time it is appropriate for me to use slang is when I am talking with my friends. I used appropriate pace I did not talk to fast because people may not of heard clearly what I was saying. In order to get my point across I talk slowly and clearly to that my point could be heard. Gestures- I used appropriate gestures for the other to understand what I was trying to say. Adapted the used of Egan theory of SOLER which stands for Squarely, Open, Lean, Eye contact, Relaxed. I lean forward to show that I was interested in what she was saying I kept my contact and I also faced her squarely. had to listen to what she was saying so that I can summarize. my facial expression was welcoming I smiled at her to make her feel safe and felt I feeling of love and belonging according to Maslow hierarchy of needs I kept my eye contact on the person that was talking to show that I was listening.  As I was a group interaction I gave other people time to talk I did not talk over any body voice.  In my group interaction with my client I appeared to be interested and kept good facial expressions. One 2 one When talking to the child I used the correct tone I did not shout or this would make him angry to I get calmed I also talked slowly and clearly to he can hear what I was saying. I kept good eye contact with the child I listen to what he was saying and I ask him some open question so that he can express himself. I did not stand over him when I was talking or he may feel intimidating. I kept good facial expression mostly my smiling at him. I did not use any slangs or jargon just simple words that he may understand. I also incorporated Maslow by showing love, belonging and safety. I showed hid that he can come and talked to me without by afraid. I played with him nicely and made in happy so that he would know that he is in a safe environment. Care value base  I did not shout at the person as they have the right to be treated with respect.. I tried to empower them to make their own decision I done this my asking the seven year old boy what he would like to do. I did not pass any racism comment or else I would be discriminating against their diversity being race religion culture etc. I also gave them the rights to their own beliefs I did not slag them off but I gave them the chance to explain themselves. I maintained confidentiality as this builds trust I done this by not passing important information about the clients to others and also it would breach the data protection acct Whittington hospital  Scenario: a white man came into hospital with a broken arm he sat in the AE for at least an hour waiting for a doctor. An Asian boy was rushed into AE by his parent he was suspected of meningitis and he was seen first. Whittington hospital accidents and emergency department are usually busy they try to see all patients within four hours of arrival in the emergency department. However, waiting times can change suddenly if a seriously ill or severely injured person is brought in. If you attend with a problem that does not require emergency treatment, you may wait longer than those who are more seriously unwell.This is not being racism the hospital prioritized their patients on their conditions. Even though the men has a right to be seen by the doctor so does every body else that goes into hospital. This is known as positive discrimination. Whittington hospital is bound by race relation act 2000 which gives all public authorities including the NHS a general duty to promote race equality. They do this by looking at the illness of the person and not the race. Social worker  Scenario: a neighbor is suspected something is wrong with he child next door due to the constant crying and then phone social services.  The social worker is bound by confidentiality so it would be wrong if the social worker was to disclose information about who made the call on they would be breaching confidentiality and also my doing that it may causes an argument. Social workers are bounded by the codes of practice. The codes of practice are the first statutory codes of practice for social care workers and their employers. They provide a clear guide for all those who work in social care, setting out the standards of conduct workers and their employers should meet.

Wednesday, August 21, 2019

French Speaking Canadians In The Province Of Quebec History Essay

French Speaking Canadians In The Province Of Quebec History Essay Language has always been the symbol of identity and assimilation. Today no other issue is posing the great danger to the Canada as in the prospect of Quebec sovereignty due to language and identity. This article describes the Quebec situation in terms of language and identity issue. In this article factors that lead to the adoption of Charter in Canadas parliament about the French Language in Quebec in 1977 is discussed. Quebecois were worry about being minorities in their own territories, where they have majority. Mainly after 1960s, the Francophone has held discriminatory feelings of fear and confidence. The fear of being weakened and dying as language and identity of distinct people and the confidence that they can perform better on its own. To these feelings is added the feeling of rejection. These conflicting attitudes have shaped language policy in Quebec in 1977. Since 1960s till now significant controversies exploded in Canadian society with the passage of restrictive languag e legislation. The laws have helped to reverse the position of the French language for French speakers in Quebec. But the issue is not only of language and identity but looking for separate nation. Even the linguistic law has also created some controversies of linguistic communal, individual rights and other minorities rights. Executive Summary Quebec is the Canadian province with majority of French speakers or francophone opposite to the rest of Canada where English speaker are in majority. Due to that, issue of identity and language has taken into a great consideration since the quiet revolution in late 1960s. Francophone refers to French colonists who arrived in Canada during 17th and 18th centuries and whose  mother tongue  is French. Francophone where influence by many factors like low birth rate of French speaker, power economic condition, English migrants etc to struggle for the survival of their language and identity. As a result of these efforts Quebecer achieves some success as well, recognizing the French language as official language of Canada along with English and the only official language of the province. Also the commercial sign, schools and media are to be carrying out in French language. This bill also created some controversies in Canada as many thinks that it is racist bill because it is discriminat ory against other ethnic groups and languages. Two referendums were also taken place in 1980 and 1995, but both the time the Quebecers rejected the separation. In 2006 the House of Common recognizes the Quebec as nation with in the Canada. Which has solve the issue to certain extent but still there are lots of Francophone demanding a separate nation for French speakers. Quebec is also facing some external pressure from USA, ethnic societies and other Canadian provinces due to its current situation in the area. Current situation of Quebec suggest that they should stay as province of the Canada because they not ready for the handling the responsibilities of new independent state. Even the French speakers now get the every right for their identity and language so now the political parties using that issue for gaining political and financial advantages. The best approach is to have referendum in Canada for such issue and solve it with the consensus with all the representative parties of Canada. Table of Contents Abstract 01 Executive Summary 01 Introduction 03 Historical Background 03 Quebecer Language 04 Quebecer Identity and their Issues 04 Challenges successes and continuous problem 05 Conditions leading to new language and Nation 05 Quebec Successes and Continuing Problem 06 Quebec: Separate nation or Canadian Province 06 Internal Circumstances 06 External Circumstances 07 Future of Quebec and there possible solution 08 Important events took place since1980 08 Quebec Vs Basques; similarities / differences 09 Does this relate to the area of the world you come from? 10 Discussion and Evaluation 10 Conclusion 11 References 11 Introduction This paper traces the language and identity progression of Quebec-Canada relations from quiet revolution till now. Quebecers are demanding for acquiring greater provincial powers and control within the Quebec with respect to language and identity because they have majority. In short, for Quebecers independence is now about how the society works, live and play in a large within their ethnic group and their identity. This is being the case of Quebec struggling for its language and identity, since the Quiet revolution 1960s till 2010. In the first phase of article, brief history of Quebec has been describe in terms of French language and French and British invasion in early times. There were also many demographic factors which lead Quebec to fight for language and identity which force francophones for the survival of the French language. These factors are low birth rate in French speakers families, lower socioeconomic status and a fear of mineralization in their own respective territori es. Along with that large number of migrant attracted to Quebec because of English Schools in Quebec. To counter with such issues language policies were made in Quebec to protect the French language and identity. To restrict the access to English language schools, commercial signs in any other language, public administration and the rest of media and other communication should be carried out in French. These circumstances also give birth to new controversies among other ethnic groups for protecting their rights in the Quebec. In the later stage in the paper it is compare to the situation of Basque country. Comparisons were made with respect to similarities and differences in the situation of language of Quebec and Basque. The solution to the Quebec problem is to have a referendum in the entire Canada for Quebec separation but the separation will be harmful for both. Because if it is separated there is possibility of other ethnic groups may raise their voice for separation. For Quebe c it will be hard to mange internal, economic and social factors and external, United State and French interference. Historical background Quebec is the province of Canada that is located in the East Central Canada. Quebec is the only Canadian province that has the majority of French speaking population and the only one whose sole official language at provincial level is French. Although in Canada there are two official languages English and French. Quebec is not only the largest Canadian province by area but also after  Ontario, is the second-largest  administrative division and populous province. There are also some smaller communities of French Canadians exist throughout Canada that are migrated from different regions. The major French speaking Canadians reside in Quebec prefer to call themselves as Quà ©bà ©cois  (Quebeckers) instead of French Canadian. French speaking Quebecers  or  francophone refers to French colonists who arrived in Canada during 17th and 18th centuries and whose  mother tongue  is French. Quebecers  or  francophone constitute the second largest ethnic group in Canada, and ab out 85% of French Canadians reside in  Quebec. According to the census of 2006, 67% of residents of the Montreal Census Metropolitan Area have French mother tongue and outside the Montreal CMA, this figure is 93%. In 1996, the population of Quebec was 86% Catholic and 6% Protestant. In the development of the province the Catholic Church plays a major influential role. In politics the Government party Sovereignty plays a vital role in the  politics of Quebec. The major event taken place in 2006 was the Canadian House of Common has passed the symbolic motion, recognizing the Quà ©bà ©cois  as a  nation  within a united Canada (CTV News, 2006). Quebecer Language The  French is the official language  of Quebec and it is the only Canadian province with majority of Francophone population. According to the 2006 Census out of total population, 80.1 percent gives a singular response for French as their first language (Statistics Canada, 2008). About 97.4 percent of the total can able to speak French, whether as their first, second, or in some cases, third language. A significant number of Quebecer consider themselves to be  bilingual  (possess the knowledge of both, French and English). Quebec has the highest proportion of bilinguals as compare to any other province in Canada. Opposite to that, only 10.2 percent of the total population in the  rest of Canada has knowledge of both of the countrys official languages (Statistics Canada, 2007-08). Since the 1970s, in the province of Quebec except French other languages have been permitted on commercial signs only if French is given marked prominence. But that law has also been the subject of controversy since the beginning. Quebecer Identity and their Issues The term  Quà ©bà ©cois is now replaced with the French Canadian  or Quebecers to demonstrate the cultural and identity among French Canadians, living in province of Quebec. The major French Canadian nationalism and identity was based upon the protection of the  French language and their identity. Since the Quiet Revolution in 1960s, French Canadian struggle a lot to protect and to keep alive the French Quebec language, culture and identity. The modern Quà ©bà ©cois identity is based on a  social and democratic  idea of French Quebec, encouraging the French language and French-speaking culture in the arts, education, and business within the  Province of Quebec (Bà ©langer, Claude 2000).  According to Ethnic Diversity Survey  of the 2001 found that French-speaking Canadians identified their ethnicity most often as  Quà ©bà ©cois, or French Canadian (Grofman, B. 2003). These grouped together by Jantzen (2005) as French New World ancestries because they originat ed in Canada. He differentiates the English  Canadian, as those whose family has been in Canada for multiple generations, and the French  Canadian, are those who are the descendants of the original colonizer of  Quebec  in the 17th and 18th centuries (Jantzen (2005). In the late 1960s in Canada, there was only one official language and that was English. After a long continues struggle of Quebec for its language they finally get the result in the form French official language of Canada along with English. Quebecers  or  francophone generally represent  Quà ©bà ©cois  (masculine) or  Quà ©bà ©coise  (feminine) demonstrate their cultural and national identity. Those Francophones who identify themselves as Quà ©bà ©cois and they do not have any French-Canadian origin, may not be identify as French Canadian. Opposite to those who have French-Canadian origin, but support  Quebec sovereignty, often find  French-Canadian to be archaic or even pejorative. This is due to the strong social, cultural, and political ties that most Quebeckers of French-Canadian origin, who represent francophone  Quebecers, keeps within Quebec. It has given  Quà ©bà ©cois  an ambiguous meaning (James,  C.E. Shadd, A.L 2001).  Most of the English speaking Canadians of British or Canadian lineage generally cannot trace their lineage as far back in Canada as French-speakers. Thus their ethnic and racial identities are weaker, For example, only 50% of third generation Canadians strong ly identify as such. The survey report notes that 80% of Canadians whose families had been residing in Canada for three or more generations reported Canadian and provincial or regional ethnic identities. These identities include French New World descendents such as Quà ©bà ©cois (37% of Quebec population), Acadian (6% of Atlantic Provinces) (Statistic Canada, 2003). Challenges successes and continuous problem Conditions leading to new language and Nation Quebecois nationalism and identity movement were taking into the great consideration during late 1960s. The objective behind the movement was to sustain and extend the importance of French language (McWhinney 1979). The mood of nationalistic movement mood was influence by several factors, which ultimately leads to major language changes in Quebec policies and sovereignty. That makes the Quebecers to think for survival of their identity. Mainly those factors were decline in the fertility rate among the French Quebecois was very crucial and taken into a great consideration. The birth rate of French Canadian decline rapidly during the quiet revolution in period from 1960-1966. Birth rate decline from 4.2 children per 1000 married women in 1956 to 1961 to 2.3 children per 1000 married women for the period from 1966 to 1971. Quebecs birthrate was the lowest of all the Canadian provinces in the 1990s (Joy 1992). Quebec fertility rate from 1986 to 1991 was only 1.5 (Chevrier, 1997). In 1931 , 7.2 percent of the population outside of Quebec had French as their mother tongue. This proportion dropped to less than 5.0 percent in 1991. Because of significant changes in fertility rates and immigration, Quebecs proportion of the Canadian population has dropped from 27.7 percent in 1931 to 24.1 in 2001 (Chevrier, 2003). The adaptation of new immigrants to English as language is another key factor that leads to language reform in Quebec. Along with that the growing fears of French as rare language among Quebecer both within Canada and within the province of Quebec (Esman, 1985). English language was significantly adopted by Immigrants coming to the province and they prefer to send their children to English rather than French schools. More than 85 percent of all immigrants in Quebec choose English language schools in the late 1960s, approximately 70 percent of Italian-speaking children in the Montreal area sent their children to schools in English (Gagnon, 1997). The fourth reason for legislating of language policy was related to the civil rights movement and the self-assertion of the French speaking population in Quebec in the period 1960s and 1970s. When Pierre Vallià ¨res wrote his famous revolutionary work (entitled it as Nà ¨gres blancs dAmà ©rique (White Niggers of America), 1967) about the Quebec. It was perceive by many Quebecers as they are discriminated in comparison to the English speakers in Quebec, and condemned the capitalist system in the 1960s and 1970s. Quebec Successes and Continuing Problem In 1977, French was made as the official language of this Quebec but it does not mean that status of French and French speakers improved. This occurred because of the introduction of Bill 101, which the  Parti Quebecois  brought into law in 1977 to restrict access to an education in English in the province.   After more than a quarter decade of the Bill, demographic factors lead to some successes. According to the Canadian Census of 2001, 81.2 percent of Quebecers still speaks French as their mother language. In addition to that, 41 percent of Quebecers said they can speak both French and English in 2001 in comparison to 38 percent in 1996. Also the number of Anglophones reporting that they are bilingual in Quebec also increased from 62 percent in 1996 to 66 percent in 2001. Approximately 50 percent of the allophones speak both French and English (Statistics Canada, 2002). The ratio to the number of non French speaker to attending French language schools has increased significa ntly. This ratio is greater among the young people. According to 2001 census, 90.2 percent of young immigrants were enrolled in French schools (Chevrier, 2003). On the whole, everyday relations between the linguistic groups are cordial, and show a willingness to accommodate each other (Larrivà ©e, 2003). Quebec still faces some real challenges and continuing problems. Like low Adaptation and assimilation of francophones outside of Quebec and low birth rate inside. These factors Quebec are responsible for the decrease in the French-speaking population in Canada to 22.9 percent in 2001, down from 23.5 percent in 1996 (Statistics Canada 2002). Quebec had the largest net loss of any of the provinces according to the 2001 census. English still dominates the North American continent as a whole. The dominance of English is especially felt in the areas of foreign trade, the internet, television, and among Quebecer who use a language other than French. Still the insecurity about the French language, while reduced, has not disappeared. Quebec: Separate nation or Canadian Province Internal Circumstances According to world raking Quebec is the second highest indebted non-central government. Annual deficits of Quebec still exceed the value of three billion Canadian dollars per year. Along with that public bureaucracy is already distended; even so, thousands of federal employees have pledged to absorb by the Quebec government. Who are now lives in or have to ties after Quebec independence. The Quebec government is not ready and prepared to take the responsibilities and debts of Separate nation. Other estimates that Quebec Province also has to accept the federal governments debts, which is a very large amount (Fry, E.H. 1996-97). Along with all that 50 percent of debt would be payable to investors outside Quebec, and they may also suffer the additional lower bond rating challenges and a devalued currency. In addition to economic growth, provincial unemployment is also very low as compare to the rest of Canada. In 1996 the unemployment rate was 11.8 percent, two percentage points more th an Canadas overall 9.4 percent jobless rate. Like only 3000 jobs were created in Quebec, compared with 26,000 in British Columbia, 33,000 in Alberta, and 150,000 in Ontario (Fry, E.H. 1996-97). Along with these entire economic shortcoming the other big issues is Quebec politics; Quebec political parties raise issues periodically with central Canadian government and also threatening them as well. But the purpose of them is not just to solve the issue of language and French identity but to take some financial benefits from the Canadian government. Due to all these facts now the rest of Canada also want them to be separated from the Canada because they are not only burden on Canada but also creating racist policies like bill 101. According to which the only official language Quebec is French just opposite to rest of Canada where two official languages are French and English. The Bill also discriminating against other ethnic groups and minority language because they are only allows if French allow them. So the issue of Quebec is more political than issue of language and identity. People response as their politicians portraying the image to the public. Just as the in 2006 the  Canadian House of Commons  placed symbolic motion  recognizing the Quà ©bà ©cois  as a  nation  within a united Canada. Every political party was strongly agreed with the suggestions and later on that bill was passed (CTV News, 2006). Even the political party that was always demands Quebec as Separate nation and not the state within the state. External Circumstances Although in a situation where the Quebec declare their declaration of unilateral independence, Canadian government must have to intervene. There will be two reasons for intervention in the matter as one to protect the rights of the federally-protected minorities within the Quebec, and second to secure federal assets. France has the policy of non-intervention in the matter of Quebec but non-indifference, for example, has been a constant irritation to Ottawa (Alex Morrison, 1992). United States is the single most vital external actor in any Quà ©bec separation situation. If United States felt that instability in its northern part on its northern border threatened its own security, they will intervene. Such intervention will also possibly be occur due to the political pressures from within the US government or from interest groups or a national press interested in newly Canada. Whatever is going to be the ethical issue of intervention, the reality is that that the United States will ke ep a close eye on the situation. The intervention of United State might be in the form of direct military intervention, if they security threats, the imposition of sanctions. The most possible grounds for external intervention would range from directly by threat or force or by ant other mean, like third party arbitration in response to ethnic, minority protection, humanitarian assistance, resource protection or stability concerns. Due to the fact if the issue is not properly and timely handle it would lead to ethnic war among the different group within Canada and also within Quebec as well. The other Canadian provinces like Ottawa are also ready to create hurdle for Quebec if it get separation. Future of Quebec and there possible solution Some people think that, only way to protect the French language and identity is to separate the Quà ©bec province from the rest of Canada.  The central inspiration behind the nation is the issue of language, many believe that Quà ©bec will get more benefit economically and socially, if it were to separate from Canada. Opposite to that, many Quebecers feel if the Canadian government do not recognising Quà ©bec as a separate society, with its own unique language, identity and economy within the Canada, it will be a great lost in this increasingly globalised world for Quebec.  The `Bloc Quà ©bà ©cois` is the Political party of Canada represents this desire for sovereignty. That does the politics on the issue of having separate nation from Quebec. But the ground situation is quite different from what they demand. Politically, economically within the Quebec and in rest of Canada as well they are not in a position to have separate state. Also looking into the external scenario as well they have lot of threats which will make it more badly for new Quebec nation. To solve these issues Canada especially Quebec needs a good, strong politically and socially influential leader. Because if the Canada is not going to solve it in better way than it might lead to other ethnic and language issue in the country. But Canadian House of Commons, declaration of Quebecois is a nation within united Canada was great move which lower the issue into a great extent. If the Quebec want to have separate nation because of language than they must have to realize the fact that in any case they have to survive in the globalize world with English. Today English is consider as the one global language and it is called Globalish and it is also the main source of trade, communication, media etc. So in both cases either Quebec is separated or exists within the Canada as province, Quebecers  or  francophone has to learn English. Keeping knowledge of the language is not the bad thing to do as the Quebecers do. But the political parties of Quebec, using it as the advantage in political ground by making it as issue of identity. Which Canadian government had already given them by accepting as nation within the nation. Presently the Quebecers  or  francophone is getting support from provincial as well as federal government socially and economically as well. But once they get separated from Canada they will also lose the edge which have currently in the gl obalize world. The best possible solution is to have a referendum in the Quebec and in rest of Canada about the separation of Quebec. On the basis of that referendum they had to make the decision with the consensus of all political parties of the entire Canada. Important events took place since 1980 In a referendum that was held in 1980, Quebecer vote against sovereignty by the margin of 60-40. In 1981 Quebec  government take steps to ban all public signs that are in English  and any other language except French. The amendment of repatriation on Canadians constitution, except Quebec, all other provincial government and Federal government of Canada are agreed upon. Quebec government Premier Rene Leveques insists to veto over the Canadians repatriation constitutional change. That was discarded by the Prime Minister Trudeau, by making repatriate amendment 1982. In 1988 Supreme Court of Canada again reverses the sign law of French only Quebec. However, Quebec reinstated the law and as a result; the  ratification of the Meech Lake Accord  was slowed by Manitoba Premier Gary Filmon. Due to these certain issues, Bloc Quebecois political party was created by French cantina politicians in 1990. In referendum of 1995, again the Quebecer rejected the separation from Canada but this time the margin was very narrow 50.6 no to separation. Quebecer Premier Jacques explains the reason of failure as it is due to the negative and humiliating remarks against non French speakers. Finally 27th November 2006, Canadian House of Commons, announced that Quebecois is a nation within united Canada. After making such a change, some people think that it is the first step toward the separation of Quebec from Canada. Other has a different view; they think that it is clever and far reaching effort to make Quebec unproblematic province once for all. But whatever the case that was very good step taken by the House of Common because now Quebecers dont have any solid reason to demand for separation. Quebec Vs Basques; similarities / differences Basque Country is used to refer to the people located on the shores of the Bay of Biscay and on the two sides of the western Pyrenees that separate the Spanish and French States. The Basque language is considered as one of the oldest language of pre-Indo-European languages, and its origins are still unknown. Two important features about the Basque people are historically obvious. First is the, difficulty in harmonizing internal relations in among Basque people and reaching the common agreement with consensus. Second is the use of force or violence as tools to solve this problem. They think that issues can be best solves by the power. The main issue of Basque country is also like Quebec, language and identity. There has been continuous struggle to defend a different social reality or identity, one that includes a different language, a different culture, and different customs. Due to that reason number of conflicts and wars are occurred prior to the 19th century because of integration to Kingdoms or States that wished to incorporate the Basque into their territory. These states have periodically influence them by force to follow the identity and language of ruler state. This was very damaging to the identity of different Basque cultures. Similar to the issue of Quebec, survival of language and identity, but the both the situations are quite different in many aspects. For example in case of Quebec, the issue is now more political than the issue of identity and language because Canadian government had provided them every right to strengthen their language and identity. In 2006, Canadian government also accepted Quebec as nation within the nation along with 101 Bill. Opposite to that Basque country was invaded many times by French and Spanish state and tries to enforce their culture on them. Like prohibit in the use of the Basque language and various cultural expressions. Not only that but also they are trying to solve issues and problem by force, violence which causes number of casualties periodically and uncertainty. So although the issue is same in both the locations but the situation is entirely different. Does this relate to the area of the world you come from? Pakistan is a multilingualism country; there are many cases of language based identity. Even the provinces are described in terms of language base identity. Main languages are Sindhi, Punjabi, Pashto and Balochi etc these are all used to create or sustain ethnic identity and affiliation. Urdu is the official language of the country along with the English. But the language base identity is not the sole drive of the identity in case Pakistan, it works along with the religion. These two together make the identity of the nation just as opposite in case of Quebec, where the main issue is French language. Although in Pakistan politician do use the language base identity, but their purpose is just to strengthen their vote bank. The issue seems like language is not actually of language but equal distribution of resources and power. Discussion and Evaluation What is important is that, just as the language help in the creation of single nation, in the same way it also helps in the shaping of ethnic identity. The sense of isolation in the ethnic group contains, the nation can only be build by conforming that they share the pie; that they have respect for each others values, their language and identity. If that is going to happened the frustrations will make people united against it with many symbols and one of which is language. These circumstance leads to the creation of new nation but over the breakage of existing one. So if it is right that language creates nations than there is also no doubt if those circumstances are not properly handled, it is the reason of breaking nations. The issue is very sensitive because of the emotional attachments of the groups to it history and identity. Managing such kind of problem in beginning is very important otherwise it will only end at the separation, violence and hatred. Just as the case of Quebec where the issue of language and had taken a great consideration after 1960s. Although Canadian government had handle the situation very effectively as for the matter is concern. Canadian government also accepted the French language as the official language Canada and only official language in Quebec. They have given the full rights to protect and strengthen French language in all fields of life in Quebec. Even though these rights were also miss use in the Bill 101 where they have restricted other ethnic and language groups only to French language. Along with that Quebec government and political parties also misusing the issue and use it for their political gain. Due to that they receive huge funds from Canadian government. After all these circumstance today the rest of Canada also want to separate the Quebec from Canada. But issue is not as simple as its look like. If Canada separates them than also there will more ethic groups will raise the same kind of i ssues and they will also demand for separation. Along with that, there will also start fight resources among themselves and the external pressure will also be superior. Quebec is also not in position to take the responsibility of separate sovereign nation, so its better to be a part of the Canada. Conclusion If Quebecer wants to have a separate nation for French speakers than the best possible solution is to have the referendum in the entire Canada along with Quebec. Along with that they have to take every step with complete census so as to avoid any social and ethnic issue which leads to violence or damage. Challenges to the independence are predictable; there will be various issues of concerned for the newly independent like Ottawa will tries to push Quebec to the verge of instability and collapse. Economic conditions, meeting it fiscal deficit every year, resource and debt distribution between Canada and Quebec are the challenges, which Quebec has to tackle with if they get separated. Above all the issue of territory has to be achieving to the satisfaction of all parties with the eruption of escalatory friction and violence. Canadian history, as well as extensive study of current ethnic conflict, offers comprehensive reasons to believe that Quà ©becs separation to independence will b e everything but peaceful. Although the separation will bring damages for both in long run and short run as well. So before separating, they have to try to make each and every effort evade the perfect storm. And live as one nation and that is Canada.

Tuesday, August 20, 2019

Elements Required for the Formation of a Valid Contract

Elements Required for the Formation of a Valid Contract Introduction: When we think of any kind of business there comes the necessity of understanding and applying the rules, principles, norms, and usages of contract. Now a day there is hardly any business dealing that does not comes within the purview of contact. So its very important to have a clear and definite idea on the subject of contract law. However, in this paper Iv tried to give a glimpse on this subject along with its application in practical day to day to business practices in various areas. This piece of work will demonstrate the very basic and primary areas of contract, like offer and acceptance, consideration etc, with a particular emphasis on the operation and operation of business contact. In addition, the paper contains importance of understanding the principle of liability in negligence in business practices and made an effort to apply such principles and practices in different business situations. Requirement 1: Importance of the essential elements required for the formation of a valid contract: A contract is the agreement between parties regarding any kind of dealings that is enforceable in law. So an agreement between parties enforceable by law is a contract and never the others which are not enforceable by law. Suppose, an agreement to purchase 1-kg heroine is not enforceable by law and as such it cannot be a contract, but an agreement for the purchase of computer is enforceable by law and as such is a contract. In this regard, we can reach to a conclusion that all contracts are agreements, but not the vice versa. A contract between the parties can be created verbally; in writing (including by electronic means and website); by act, behave, conduct or inference or By means of all or any of the above mentioned ways. Essentials Elements of a Valid Contract: To be a contract, an agreement must fulfill the following conditions: Proposal(offer) and acceptance; the parties must be competent; the consent of parties must be free; there must have lawful consideration; the object must be lawful; and the agreement must not expressly declared void by law. Beside the above mentioned elements the contract must be certain; possible of performance and written and registered if so required by law.However there can be special principles, terms and conditions applicable to the contract as agreed by the parties that concern specific subject matters, such as employment contract, the sale of moveable property, sale of immoveable property etc. The Offer: Offer is the starting point from where an agreement gets life formally which ultimately may take the shape of a legally binding contract. Offer means the formal expression of intention or willingness of one party to another to do or to refrain from doing an act in order to obtaining the assent of the other party to such act or omission. When one party signifies his willingness to other party in order to take consent of that party regarding any dealing, the party expressing such willingness is said to make an offer and he is called the offeror and the person to whom it is made is called the offeree . So it is clear that, the offer must be communicated to the other party; it can be revoked at any time prior to acceptance. In this point we have to keep in mind that some kinds of transactions involve a preliminary negotiation in which one party invite the other to make an offer. Such an stage is called invitation to treat. Such primary negotiations are an way to reach a stage to make an offer. It is now well settled that negotiations to enter into a contract can amount to an invitation to treat but not an offer. Acceptance: An offer when accepted becomes contract. When the person to whom an offer is made signifies his assent thereto the offer is said to be accepted. Thus the essence of the acceptance is the assent or consent that is coming from the offeree . It simply speaks of giving ones consent to the offer as it is made by the offeror and as such it will be a valid acceptance to convert an offer into a contract. So the acceptance must be communicated; must be to the original proposal made otherwise it could be a counter offer takes effect on the basis of the mode of communicating the acceptance to the offeror (in postal mode- on the date posted, in case of instant or electronic mode, occurs when received). Competency of the Parties: The law does not give everyone to enter into a contract rather prescribe certain specific qualification to attain to be competent to enter into a contract. A person to be competent to enter into a contract, must be of the age of majority; of sound mind; and not disqualified from contracting by any law which he is subject. Thus negatively, the following persons cannot enter into contract: minors; persons of unsound mind; and persons disqualified by any law. Free Consent: Free consent is an essential element of a valid contract. It is natural that for an agreement all parties to it must come to a common point. There are mainly two requirements to be a consent that the consent must given- To the same thing, andIn the same sense. So if the parties So to constitute a contract even mere consent is not sufficient, rather the consent must be free consent according to law agree upon different things or in different sense then this will not be treated as consent. The term thing used in the first requirement means the contents or subject matter of agreement. On the other hand, to constitute a valid contract even mere consent is not sufficient, rather the consent must be free consent according to law. That is to say, to be a free consent, that must not be caused by, coercion, undue influence, fraud, misrepresentation and mistake. In other words, if consent is given being affected by any of the above elements, the consent will not be treated by the law as free consent. Consideration: Ordinarily consideration means mean the exchange of the price. It has different legal meaning which does not restrict it only within the area of monetary compensation rather to be consideration, law required that, something is to be done, forborne, or promised at the desire of the offeror. It may even be termed as burden discharged or in other sense sufferings in the sense of losing something, may be that is ones energy, service, money or anything valuable. A paragraph from the book Law of Contract (10thedn, Sweet and Maxwell,1999,at p.64) Professor Treitel is worth mentioning – The traditional meaning of consideration concentrates on the requirement that something of value must be given and accordingly states that †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦What the law is concentrate with is the consideration for a promise-not the consideration for a contract. So consideration is the cause of acceptance and it – Must be valuable. Something must be supplied in return of the offer of the offeror, eg. Money. Must be lawful and non gratuitous. Must not be something already paid or incurred(past consideration) Lawful Object: In order to execute a valid contract the object and consideration of a agreement must have to be lawful. The object and consideration are lawful unless- It is forbidden by law; or Is of such nature that, if permitted, it would defeat the provisions of any law; or Is fraudulent; or Involves or implies injury to any person or his property; or It is regarded as immortal or against the public policy and public welfare. Enforceability in Law: Although an agreement may have all the essential elements, it may not be a enforceable contract because of some other issues like impossibility of performance or where the agreement unduly restrains any person in his trade. So if an agreement fails to satisfy the legal requirements of a contract then that becomes nothing but unenforceable by law which cannot turn into a contract ever rather a void agreement. (P1.1). Essential elements of the contract in a given scenario: Adam, Owner of a house offers in face to face, Brad to sell his house at a certain price. Brad, accept the offer made by Adam and pay a portion of price for the house asked by him. This is an example of a valid contract entered into by Adam and Brad for the sale of the house. In this transaction we will find all the essential elements for the formation of a valid contract. Moreover the contract is executed in a lawful manner. Here, Adam made the Offer which Brad Accepts in his Free Consent and pay Adam a portion of the Consideration (price). Both the parties are Competent to execute a contract and their Object is not also lawful. So the contract of sale of house between Adam and Brad is Enforceable in Law. The impact of different types of contract: Expressed and Implied contract: If the offer and acceptance of contract are made in words, i.e, either expressed orally or in words, it is an express one. It can be of two types, i.e. Oral and Written. On the other hand when there is no formal expression of such offer and acceptance rather it is implied from the acts or omission of the parties, it is regarded as an implied contract. Valid contract: An agreement enforceable by law is a contract and is valid. That is to say, a valid contract is that agreement which fulfils all requirements of a contract as imposed by law. Voidable contract: The voidable status of a contract is a temporary status which has to be made enforceable by law or has to be set aside and both these are dependant at the option of the parties at one side and not at the option of the other side. The law determines at whose option it will be validated or annulled in each particular case considering the nature of voidable contract. Thus a contract cannot remain as voidable forever; rather it has to be valid or void. Void contract: A contract becomes void by ceasing its enforceability by law. It is not a void ab initio. Because, law says that it has to cease its enforceability and it will be void only when it will cease that enforceability. Thus, the precondition of a void contract is the existence of a valid contract and afterwards somehow its enforceability will be ceased and then it will be treated as a void contract. There may have various grounds for ceasing the enforceability of law, e.g., supervening impossibility or illegality. Unilateral and Bilateral contract: In the case of bilateral contract each party takes on an obligation, usually by promising the other for something- as for example James promise to sell something and Ben promise to buy it. By contrast an unilateral contract is one in which only one party assumes the obligation under the contract. Terms in contracts meaning and effect: 1. Express terms: A. What did the parties say or write? B. Are the statements of the parties terms of the contract. 2. Implied terms: A. Terms implied by customs: It is well established that a contract may be subjected to terms that are sanctioned by the custom, whether commercial or otherwise, they have not been expressly mentioned by the parties. Precedents states that in commercial transaction extrinsic evidence of customs and usages is admissible to annex incidents in written contracts, in matters with respect to which they are silent. B. Terms implied by statute: The translation of usages into agreement and of agreements into statutory terms is most evident in the history of the contracts for the sale of goods. Moreover the provisions of Marine Insurance Act are another example in this regard. C. Terms implied by courts: Other terms have been judicially implied in a number of transactions. Thus in Lynch v Thorne,(1956) the Court of Appeal give judgment in favor of the defendant and held that they could not imply any term that would create an inconsistency with the express language of the bargain. Such a similar position was examined by the House of Lords in Lister v Ramford Ice and Gold Storage Company Ltd and majority of the judge gave judgment in favor of the respondent. Excluding and limiting terms: The common law is quite familiar with the practice of inserting terms excluding and limiting liabilities by one party which would otherwise be his. This situation frequently arises where a documents purporting to express the terms of a contract is delivered to one of the parties and is not read by him. A passenger receives a ticket, stating the terms or referring to the terms set out elsewhere, on which a railway is prepared to carry him or take charge for his luggage. There are different view regarding such clauses. One view describes it as a promisors obligation and the other view describe it as mere defense. P1.3 Appropriate terms for a given situation: Allan, buy a ticket to go to London from Liverpool. The ticket contains terms that he can carry only 10-kilo of goods and for more than that amount he has to pay extra  £5 for per 10-kilo. This is an example of excluding clause in the contract between him and the bus company. Requirements 2: 2.1 Practical application of the elements of contract: Scenario: According to the given problem for this assignment, the following advice has been provided: Advice: In the light of various elements of a valid contract, John McGurks first telex is clearly an offer; which Collin McCellend was to accept. The general rule is that acceptance takes effect on communication and application of this rule is embodied in the cases of Entores and Brinkibon. Considering that the telex of acceptance was sent outside working hours, when should it take effect, and considering the factors mentioned in Brinkibon- intentions of the parties and standard business practice- where should the risk lie? In assessing where should the risk lie we have take into account the fact that Collin can reasonably think that his telex would be read shortly after the lunch hour was finished and to expect John to check where there is any reply from Collin. This is relevant because in other cases on communications, the court does not entertain the claim of the parties who fail to receive message because of their own fault or negligence(such as it was in Entores case). If Collins telex is deemed to take effect when it is sent, a binding contract between them exist at that point and this will take priority over the contract with ford. We should then consider the position if the rule that acceptance only takes effect on communication is strictly applied. The next issue in question is the communication by the other car dealer from whom Collin learnt that the car has been sold. It is clear from Dickinson v Dodds that information from third party can amount to revocation because the message from the third party is regarded as the offeror had said it himself. However the exception of this rule is that if the source of information is not reliable there would be no revocation and the offer would be still available for acceptance. But in the present case this exception is not applicable as the source is not untrustworthy and as such Collin cannot claim John to give effect to his acceptance. However Collin is still entitled to claim damages assuming a contract was made. He could only force John to sell the car to him if court granted specific performance. As the court grant specific performance of contract only when monetary compensation is not adequate to give the plaintiff proper remedy or where there is no other remedy available. Collin can be adequately compensated by money and this could be done by allowing Collin to claim the difference between the cars price and the cost of replacement i.e. more or less  £2000. 2.2 Law on terms in different contracts: Terms of contract can either be conditions or warranties and it vary in various contracts depending on the nature and contents of the contract. Thus terms and conditions in the contract of sale of land are different from that of sale of goods. For better understanding see Terms of Contract- Meaning and Effect part of this paper in page. 2.3 Evaluation of the effect of different terms: Three kinds of contractual terms have normative effect and significance relative to each others namely; Conditions, Warranties and Innominate terms. Conditions: These are the most importance terms of contract and have serious consequences if breached. An innocent party can repudiate a contract and claim damages for breach of such terms. It is not necessary to mark such term as conditions in the contract and court will consider the intentions of the parties to determine such terms. See e.g. Schuler AG v Wickman Machine Tools Sales Ltd. (1974). Such terms can also be determine by statutory provisions, (e.g. Sale of Goods Act 1979, provides that certain terms relating to title to goods and quality of goods are conditions) and by the case laws, typically standard terms in commercial contracts. Warranties: It is of lesser importance than conditions and breach of such terms entitled the innocent to claim damages but not to repudiate the contract. Innominate terms: It can be either conditions or warranties and breach of them can be serious or trivial depending on the particular fact and conditions. Such terms was first emerged in Hong Kong Fir Shipping Co. Ltd. v Kawasaki Ltd. (1962). See also The Mihalis Angelos case, Bunge Corp. v Tradax Export SA(1981) and The Naxos(1990). Ref.1 Requirement 3: Tort: Law of tort the law of civil wrong but every civil wrong is not tort. For a civil wrong to be tort it must contain two conditions:- The remedy is common law action for unliquidated damages and The wrong is not exclusively a breach of contract, breach of trust or other merely equitable obligation. Thus Winfield defines tortuous liability arises from the breach of the duty primarily fixed by law; †¦Ã¢â‚¬ ¦and its breach is repressible by an action for unliquidated damages. Ref.2 3.1 Differences between liabilities in Tort and Contract: As to the source of interest and duty: The interest in tort and its corresponding duty are created by law but in case of contract they are created by the agreement between the parties to the contract. As to the nature of duty: In tort duty not to violate the interest of another person is toward persons generally, not to any particular person. In contract such duty is only towards the parties to the contract and not towards any strangers. As to nature of remedy: In tort damages are always unliquidated but for breach of contract liquidated damages can be claimed where specified in the contract. Others: Even where unliquidated damages are claimed the principle of liability in tort and contract differ. In contract damages are of compensatory nature except in case of contract of marriage and action by trader against his banker for dishonoring his check while there is sufficient balance to his credit. In tort, on the other hand, exemplary may in certain be awarded by the court. 3.2 Nature of liability in Negligence: Generally in all torts the liability is based on intentions or negligence. An act is negligent if its consequences are neither desired nor are substantially certain but are so probable that a reasonable man would have foreseen and avoid them. Thus, in certain cases of negligence the defendant may not have knowledge of his conduct or consequences thereof, but in many cases he has knowledge of both. It is the element of desire for consequences, which can distinguish negligence from intention. In case of intention actual or presumptive desire is always there, whereas in case of negligence there can never be desire for consequences. 3.3 Vicarious liability in business: Vicarious liability means the liability for the wrong committed by another person. Normally, a person is held liable for wrongs committed by him but sometimes he may be held liable for wrongs committed by other persons. Common example of such liability are liability of master for acts of his servants, done in course of employment, liability of partners for torts committed by a fellow partners, liability of principal for acts of his agent done within the scope of authority and liability of an employer for acts of an independent contractor employed by him. Thus vicarious liability in business can be found in the business practice of agency and in partnership business. In both the cases a person who is liable for any breach of contract cannot be held liable rather the person on behalf of whom he enters into contract will be liable. Thus when there occurs any wrong or breach of any contract or any part thereof by an agent acting on behalf of and within the authority of the principal, then the principal and the agent will be held liable. The same rule applies in the case of partnership business and for the wrong of a partner the fellow partners become liable subject to certain conditions and exceptions. Thus in the case of various contracts and business dealings there arises vicarious liability. Requirement 4: 4.1 Applications of the elements of tort of negligence and defences in different business situations: There are certain general conditions which must be fulfilled or satisfied before a person can be held liable for any tort. Negligence is one of such essential elements and it has significant effect in the ordinary course of various business practices. However negligence can be both, an element as well as a defense in appropriate cases of business. Negligence as elements: Negligence is the lack of application of reasoning and ordinary prudence on the part of the defendant for, that he can be held liable for any damages results from such damages. In every business practice or in other words, contract it is the duty of both the parties to act and behave in a reasonable and wise manner and perform his obligation diligently. Thus as an independent tort negligence means the infliction of damage by breach of a legal duty to take care which the defendant owed to the plaintiff. This if there occurs any breach or any party suffer loss for the negligent act and omission of the other, it will entitled the plaintiff seek relief and damages for such negligent behave. As a defense, contributory negligence: Contributory negligence is a special defense to an action for negligence. When any breach, damage or accidents occurs not solely due to the negligence of the defendant but also partly due to the lack of ordinary care on the plaintiffs part, the part of the negligence of the plaintiff is called contributory negligence because it also contributes towards bringing about of the consequence. The defense of the contributory negligence will fail if there is no lack of reasonable care and attention on the plaintiffs part. However the scope of the defense was already narrowed by invention of the rule of last opportunity in Davis v Mann (1842) case. It was further limited by extension of the last opportunity rule to situations where actually the defendant was not in a position to avoid the accident but he lost the opportunity because of some of fault on his part. Thus the leading case is, British Columbia Electric Rly v Loach(1916). 4.2 Applications of the elements of vicarious liability in given business situations: A, is appointed as agent for B for certain activities with the authority to enter into contract of selling As car. A enters into a contract with C for selling the car for  £2500. However after the compellation of the contract it is discovered by A that the car has certain defects which was unknown to A and hence C claims damages. In such a situation A is not liable for the act done by him as he has acted upon and within authority of B. Here not a rather B is vicariously liable and C can sue B, not for his claim. Concluding Remarks: Though sources of interest in contract and tort are different yet they may co-exist or concur in the same case. In such case interest is created by the contract as well as general law. In the realm of modern business practices contractual obligations and its breach are so much important and in this regard to get proper remedy and appropriate its very much essential to have clear and sound knowledge on contractual obligations, liabilities along with various liabilities of tort law.