Saturday, August 31, 2019
As Computing Mark Scheme
UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Subsidiary Level and GCE Advanced Level MARK SCHEME for the May/June 2009 question paper for the guidance of teachers 9691 COMPUTING 9691/01 Paper 1 (Written Paper 1), maximum raw mark 90 This mark scheme is published as an aid to teachers and candidates, to indicate the requirements of the examination. It shows the basis on which Examiners were instructed to award marks. It does not indicate the details of the discussions that took place at an Examiners’ meeting before marking began, which would have considered the acceptability of alternative answers. Mark schemes must be read in conjunction with the question papers and the report on the examination. †¢ CIE will not enter into discussions or correspondence in connection with these mark schemes. CIE is publishing the mark schemes for the May/June 2009 question papers for most IGCSE, GCE Advanced Level and Advanced Subsidiary Level syllabuses and some Ordinary Level syllabuses. Page 2 1 (a) Mark Scheme: Teachers’ version GCE A/AS LEVEL – May/June 2009 Syllabus 9691 Paper 01 (i) To allow the user to give the computer data/change data into computer understandable form (ii) To allow the computer to give information/communicate with the computer/to change information from computer into human understandable form (iii) To keep data while the computer is not using it (1 per dotty) [3] (b) -Black and white laser -e. g. Use in office to produce letters -Produces high quality/speedy so does not develop large queue on a LAN -Colour laser -e. g. To produce reports for a meeting -High quality outputs/can produce large quantity quickly -Dot Matrix – e. g. Print receipts at checkout/tickets on railway -Produces more than one copy at a time, one for customer + one for shop -Inkjet -e. g. Doing homework at home -Relatively cheap and slowness does not matter -Plotter -e. g. Produce architect’s plans -Precision drawing tool -Braille printer -Producing documents/books for blind people -Outputs physical/3D form of data (3 per type, max 3 types, max 9) 2 (a) (i) Name: Text/String/alpha/alphanumeric Description: Text/String/alpha/alphanumeric Cost: Currency/integer/real/float Whether: Boolean Number: Integer (1 for first three, 1 for last 2) (ii) Field Sizes: 10 50 4 1 1 66 – 50 – 250 – 8 – 4 – 313 bytes (1) [9] [2] Total (1) for showing that the field sizes should be added up Multiply Total by 1000 (1) = 66000 to 313000 bytes Add extra (10%) for overheads (1) = 72600 to 344300 bytes Convert to sensible unit (? 024) (1) = 70. 9Kb to 344. 3Kb. (5 possible mark points, max 4) [4]  © UCLES 2009 Page 3 Mark Scheme: Teachers’ version GCE A/AS LEVEL – May/June 2009 Syllabus 9691 Paper 01 (b) Advantage: -Processed/Searched more easily/quickly/Estimate of file size is easier -e. g. When a customer wants to kn ow the availability of an item the record can be found quickly/makes selection of storage easier Disadvantage: -The size of fields must be determined before use so space is often wasted/not sufficient -e. g. The â€Å"description†field may not be large enough for a particular item. 1 per -, max 4) [4] 3 -Working from home -Fewer journeys/more free time/less supervision†¦ -Different types of jobs/jobs lost/job opportunities arising -Production line/manual jobs being lost/replaced by more technical jobs -Work done can be more visible to managers -All work/times working can be seen/leading to rewards where appropriate/sanctions when poor effort -Safety of workers is improved -Computers/robots do dangerous tasks/can be used to accurately monitor dangerous processes -Work time can be less rigid -Work can be fitted in round other commitments/leads to simpler ways of job sharing -The 24 hour job/office/commitment/world workforce -Workers may always be contactable/throughout th e world/communications. (Up to 2 per group, max 3 groups, max 6) [6] (a) Line X A OUTPUT CONDITION 1 1 3 1 1 4 1 1 1,1 5 2 1 6 2 1 TRUE 3 2 4 4 2 4 2,4 5 3 4 6 3 4 FALSE 7 3 4 (1 for values of X and matching line numbers; 1 for values of A corresponding to values of X; 1 for giving correct outputs; 1 for giving 2 conditions) [4] (b) (i) Change X = 3 to X = 11 (ii) -A first line to allow user to input value (N) -UNTIL X = (N + 1) [1] [2] 4  © UCLES 2009 Page 4 (c) e. g. Mark Scheme: Teachers’ version GCE A/AS LEVEL – May/June 2009 Syllabus 9691 Paper 01 X=5 REPEAT A=X*X OUTPUT X, A X=X+5 UNTIL X = 25 END Mark points: -Begins with 5 (as first output) -Loop with working condition -Counter correctly incremented 5 (a) (i) -Options appear on screen from which to select -Selection may lead to submenus -Menus arranged in a tree structure (from single root to many branches) Use: In a passive information system e. g. Tourist guide at a train station. (1 for use, + 2 other -, max 3) [3] [3] (ii) -Follows a spoken language allowing user to input queries in normal vocabulary/syntax -Computer understands keywords/positions in sentence to get idea of syntax -Will then search database for keyword to provide output or responses. Use: e. g. On an expert system or search engine. 1 for use, + 2 other -, max 3) [3] (b) -Provides utility programs to allow user to carry out maintenance tasks (any 3) -Provides security measures like passwords and identifications. -Controls the hardware and the operations they allow. -Provides translators to convert softwa re into a form useable by the computer. -Manages interrupts. -To provide a platform for the execution of software (1 per -, max 3) 6 (a) (i) Data is transmitted along a single wire/one bit at a time. (ii) Data is transmitted along a number of wires/one byte (or more) at a time. (iii) Data can only be transmitted in a single direction. (iv) Data can be transmitted in both directions but only one at a time. (b) (i) -Each byte contains an even number of 1’s -A special bit is set to 0 or 1 to ensure that total is even. Byte is checked for even number of 1’s after transmission. (1 per -, max 2) (ii) -When two bits are in error the errors cancel each other out/10101001. [3] [1] [1] [1] [1] [2] [1]  © UCLES 2009 Page 5 7 Mark Scheme: Teachers’ version GCE A/AS LEVEL – May/June 2009 Syllabus 9691 Paper 01 -Data collected on site/by drilling /observation/explosions -Data collected remotely/by satellite/by electronic means -Collected data input to system via HCI/ automatically -Data input is compared to library of data to find matches†¦ -by inference engine†¦ -Using rules found in rule base -Decisions made about geologic structure reported through HCI. (1 per -, max 4) [4] 8 a) -Site map -a diagram showing the way the different screens fit together -shows the links between screens, -Gantt chart/progress chart -shows the different parts that need to be developed -shows which parts of the development are independent and which are reliant on each other. -Spider diagram -to show interaction between the different elements of the solution -and those parts which are independent of each other. -Flow diagram -to show the order of producing the parts of the solution -or to show the flow through the proposed site. (Up to 2 groups, up to 2 per group, max 4) [4] (b) -Documentation for owner of site -will be paper based -will contain instructions for changing/maintaining site -Documentation for viewer/visitor to site -will be on-screen -giving d etailed help on searches/use of facilities/communication with site owner†¦ [4] 9 -Sound -Music to accompany the pictures/speech to explain the pictures†¦. Video/animation -Moving pictures to better describe the object on the site -Automatic hard copy/saving -Automatic downloading of data to printer/hard drive for future reference. -Hyperlinks -Allowing access to different sites/parts of site (Up to 2 groups, up to 2 per group, max 4) [4] 10 Colour: -Contrast -Corporate schemes -Aggressive/passive/soothing colour schemes -Consistency over site to make site look cohesive -Use colour to provide emphasis -Accessability issues e. g. colour blindness  © UCLES 2009 Page 6 Mark Scheme: Teachers’ version GCE A/AS LEVEL – May/June 2009 Syllabus 9691 Paper 01 Layout: -Consistent layout so user gets used to ‘what is where’. Important things to top and left -Data spread out across whole screen -Tab order -Group similar data together Content: -Limit to amoun t of content on a page -Content on a page is cohesive -Content matches the published intentions of the site -Content is of sensible type and reading age for audience. (1 per -, max 2 per group, max 6) [6] 11 -The bit rate is a measure of the rate that data can be sent across the communication medium -Different communication media have different bit rates -For simple text/still pictures†¦a low bit rate connection is adequate -because volume of data per page is low and fixed -For (live) video/sound†¦bit rate needs to be high -because large volume of data which must be downloaded in real time because†¦ -information is time sensitive. 1 per -, max 4) [4] 12 (a) (i) -Custom written software is especially written/according to the requirements of the customer -Off the shelf is readily available/needs tailoring to the needs of the customer [2] (ii) -no delay as it is ready immediately -No shortage of experienced users/ready trained/No learning curve -Software should be error free -Help available through Internet/colleagues/courses -Compatible with other users/software (1 per -, max 2) (b) (i) -Check data input to ensure it matches source data -Typed in twice†¦ -by different people/at different times -inputs checked against each other for errors -manual check by comparing†¦ -screen output of input with original document. (1 for first -, + any 2 other -, max 3) (ii) -Check data input is sensible/follows set rules/are reasonable -Data type/should be numeric -Data format/should be in currency form/xxx. xx -Length check/input should be < x characters -Presence check/something has been input. -Range check/value between 0 and some upper limit (1 for first -, + any 2 other -, max 3) [2] [3] [3]  © UCLES 2009
Friday, August 30, 2019
Indianization Term Essay
Question 1 What does the term `Indianization` or `sinicization` refer to when used to describe government administrations headed by invaders or foreign powers? Please give at least 2 examples.                These two terms refer to a general cultural assimilation of the foreign government. Over time, occupying powers in China and India became familiar with the local culture and began to blend in, appearing more and more as locals than foreigners. In the case of these two countries, this process led to locals being promoted to government positions that were initially reserved for the foreign or invading power. The nation gradually looks less and less like a conquered state, as more of its own people are placed in positions of power and its populace regains greater self-determination.            In India, this process was introduced by the British in the 1920’s and was actually termed Indianisation. The British appointed Indians to fill senior military ranks and government positions, and set up specific officers to handle this process in a deliberate manner.            The example is perhaps clearer in China, where Kublai Khan fell in love with Chinese culture in his youth. In 1271, after being Khan for 20 years, Kublai created the Yuan dynasty which covered the area of China under Mongole rule. The Yuan dynasty was initially a Mongol administration and was part of the Mongol empire, but with time, successive rulers saw themselves as Chinese emperors rather than Mongol lords. The Yuan dynasty lost influence over Mongol lands outside of China, and became a true Chinese empire until conquered by the Ming dynasty in 1388 (Saunders, 2001). Question 2 What developments in Southern Song China resemble the Industrial Revolution of the West? Why were the emperors during the Song period so successful when their predecessors were not?      The Song period was one of great growth and development in China’s industry and infrastructure. One of the largest factors of this was the introduction of paper money, leading to a normalized market economy. This was also a time of development of cities, as opposed to the agrarian economy that had characterized earlier periods. Cities became centers of trade and industry, leading to the development of a merchant class similar to the later Bourgeoise in Europe.            Chinese industry grew along with the merchant class during the Song period. While finding exact numbers from the time period is difficult, Robert Hartwell notes that Chinese iron production lept sixfold from the early 800’s to 1078, where he notes that Chinese iron production reached 125,000 tons (Hartwell, 1962), far beyond that of the Western powers. This abundance of iron allowed China to manufacture tools, machinery, and trade goods. The result was that China’s economy grew dramatically, leading to China surpassing Western Europe in per capita income during the Song dynasty (Maddison, 2006).            Several factors contributed to the occurrence of this Chinese â€Å"Industrial Revolution†under the Song dynasty. One was the establishment of a civil bureaucracy as opposed to rule by warlords. This helped to encourage the development of trade and industry, as well as education, as commoners could achieve these posts via taking the imperial examination. Another factor was technological innovation, marked by developments such as gunpowder and movable type. Such social and technological innovation led to expanded opportunities for the peasant class and allowed many to migrate from farms to cities to pursue the newer career paths available to them. Question 3 What combination of Mongol attributes and Song weaknesses made the Mongol conquest successful? Please analyze it detail.            The single largest factor leading to the successful Mongol conquest of the Song dynasty was the attitudes of each culture towards war. The Mongols were born and bred for it. Their culture glorified battle and conquest. The Mongol empire had been growing for centuries, winning victory after victory, which surely inspired fear and doubt in any army forced to stand against them. The Song were not pacifists by any means, but they were not warriors in the same vein as the Mongols. When they broke the Mongol alliance to recapture former lost cities, they were not prepared for the war they had unleashed.            One major Song weakness was that the initial battlefields of the war were not favorable positions to hold. Kaifeng, Luoynag, and Chang’an were already ruined by war. The Song strategy of defense also played into the Mongols’ hands, allowing the horsewarriors to choose the time and place of battles and ensure local superiority. This led to the Song being driven back, finally retreating to Guangdong and losing their leader, Emperor Gong, in the process.            The Song dynasty was now left effectively leaderless. The two heirs were mere children. Without a decisive and strong leader, further efforts at resistance were to prove futile. The final defeat of the Song at the Battle of Yamen in 1279 was almost a foregone conclusion, as the demoralized and cornered Song were beaten soundly by Kublai Khan’s naval forces, leading to the death of the final Song emperor and the assimilation of Song lands. Question 4 Why did Chinese culture become so popular and accepted in Japan? What are the major differences and similarities between the Chinese and Japanese culture.            Many aspects of Chinese culture passed to Japan in the earlier centuries AD, when China was a more advanced society and the Japanese eager to learn and advance themselves. This hunger for learning and improvement of their culture was the primary factor that allowed Chinese cultural influence to infiltrate Japanese society. When the two cultures first made contact Japan had no formal written language and adopted that of the Chinese, which would later be evolved to a similar but distinct written form. Japan also modelled its imperial bureaucracy after that of China, and the courts of the two nations ended up being very similar in the ranks and titles used.            The largest form of cultural influence, though, was religion. Both Confucianism and Buddhism made strong inroads in Japan, which at the time had a much less sophisticated form of religion. Both of the Chinese religions imparted practical knowledge about how to run a society and live one’s daily life, and this proved attractive to the Japanese. This influence led to the development of Zen Buddhism and the famous Japanese samurai culture.            With these similarities, differences between the two cultures remained. One of the strongest was the samurai culture, the code of Bushido. The Japanese samurai evolved to be a warrior caste, something which did not have a counterpart in China on nearly the same scale. As a result of this, Japan evolved to a more feudal society, with peasant-serfs supporting the samurai nobility in a system of lesser warlords (daimyo) owing fealty to the imperial court (in reality, the Shogun). Chinese culture, especially in the Ming period, treated the peasantry more as independent landowners rather than as the lowest tier in the feudal machine. Question 5 What impact did Buddhism have on the development of Japanese culture and lifestyles? Give examples in both art and literature where Buddhism was a major factor.            Japanese Zen Buddhism infiltrated and permeated every aspect of Japanese culture, influencing the way they thought, governed, created, even loved and made war. The Japanese have long been famous for appearing reserved, for keeping emotion private. This is a very Buddhist trait coming from the teachings of the Middle Path, the path of moderation. Excess is frowned upon. Discipline and focus are encouraged. Those two words have formed the foundation of Japanese lifestyles for centuries. The formalized ritual of the tea ceremony also demonstrates Buddhist influences over such a simple thing as the drinking of tea.            The samurai give excellent examples of how Buddhism affected Japanese culture. The samurai were the ruling class, and as the elite, the commoners would seek to emulate them. The samurai were known for their unshakeable dedication to their duty, that of serving their daimyo, or leige. They paid particular emphasis to Samadhi, one of three branches of Buddhism’s Noble Eightfold Path. The teachings of Samadhi emphasized right effort (continual self-improvement, via constant training at their disciplines), right mindfulness (awareness of one’s surroundings, seeing the world clearly), and right concentration (self-awareness, accomplished via meditation and self-reflection).            Buddhism’s influences also spread into the art and literature of the period. The clearest example in art is in Japanese gardens and architecture. Japanese homes were sparse and minimalist, rejecting luxury in favor of the simple necessities, in which the Japanese took joy. Their gardens were designed and grown as places for tranquility, as places of meditation. Buddhist influence over literature is seen in such writings as â€Å"An Account of My Hut†by Chomei, an argument for a life of peaceful meditation and tranquility. Question 6 How did a Japanese emperor differ from the Chinese emperor? Which would you consider more superior and why?            The primary difference was in the power they wielded. Chinese emperors tended to wield far more power over their territory and ruling in a monarchial fashion. While many Chinese emperors were overthrown in the end by court intrigue, regicide, or revolution; during their time on the throne a Chinese emperor was his nation’s absolute ruler.            In constrast the Japanese emperors were mostly figureheads. Though viewed by the populace as a living god, in truth their power was very limited. For most of the last 1,000 years the real power in Japan was held by the Shogun, the primary warlord who had gained dominance over the others. Within that period were also many times of strife where Japan had no strong leader but was instead fragmented into many separate warring states, led by Daimyo. The emperor still reigned during these periods but had no power to stop the warfare.            Chinese emperors fit more closely with the western idea of monarchy, whereas Japanese emperors were described by European explorers as being more akin to the Pope: a spiritual leader with little political clout, while the Shoguns were mentioned as being similar to the European monarchs (Howe, 1999).            In absolute terms, Chinese emperors seem to be superior to Japanese by virtue of the greater power they wield. Argument could be made that monarchial institutions have the inherent weakness of relying too much on one man who may or may not be qualified to rule (just look at the damage some of the Roman emperors such as Nero and Caligula caused), that is beyond the scope of this work. For the purposes of this discussion, I will argue that Chinese emperors were superior as the Japanese emperors were for the most part figureheads. Question 7 What characteristics of the nomadic peoples made them `barbaric` to the civilizations of India and China? What characteristics of the nomadic peoples would you consider to be strengths?            China and India viewed their nomadic neighbors as barbarians due to what was seen as an overall lack of civilization. Most of the nomadic cultures lacked such â€Å"civilizing†characteristics as a large and detailed government system, with most using a system that was very feudal in nature, chieftains owing fealty to greater warlords. They also lacked what were seen as other civilizing characteristics, such as advanced agriculture with public works projects like canals to support it.            Another major factor was that of religion. China and India had very sophisticated religious belief systems, as opposed to the less developed beliefs of the various nomadic groups around them. As has been seen throughout history in all parts of the world, religion is commonly used as a barometer to judge the level of civilization of a culture, such as in Europe where Christians viewed non-Christians are barbarians. Based on this barometer, the Chinese and Indian cultures viewed others with simpler belief structures as not being as advanced spiritually and philosophically. Finally, many of the neighboring nomadic cultures had not developed a fully-functional form of written language, often borrowing from Chinese writing.            And yet despite these â€Å"disadvantages†, nomadic cultures such as the Mongols would end up conquering the great civilized empires. Their active tribal lifestyle bred them as warriors, not farmers. Their lifestyle also led them to be superior horsemen, which proved yet another advantage in warfare. Their people were hardy, used to living without luxury, and well-suited to conducting long campaigns. These cultures that were dismissed as â€Å"barbaric†would end up proving mightier than expected. Question 8 When did the Mughal dynasty rule India. What achievements occurred during this dynasty? What led to the decline of Mughal rule in India?            The Mughal dynasty began in 1504 when Babur of the Timurids conquered Kabul. His force was a Muslim army of Mongols and other more local peoples (such as Afghans and Persians). This and the following decades of consolidation of power with battles fought against smaller regional powers established the Mughal dynasty, and brought Islam to the front in the Indian subcontinent.            Of note, though, is that the Mughals exercised a religious tolerance rarely seen in the time period. Though Islam was the primary religion throughout most of the dynasty, Hindus and other religions were rarely persecuted. The reign of Akar from 1556-1605 brought about the most dramatic change of all, with a policy of direct attempts at reconciliation with Hindus, promoting them to high government office and abolishing the poll tax on non-Muslims.            Another major and lasting achievement of the Mughals was their architecture. They were renowned for massive construction projects, including large fortress-palaces such as the monstrous Red Fort in Dehli. There is also the Taj Mahal, perhaps the most famous lasting architectural sample, built in Agra and completed in 1648.            The decline of the Mughal empire was a long process. The reign of the last of the strong Mughal emperors, Aurangzeb from 1658 to 1707, saw the empire hold together but the decay had begun and his policies, while temporarily effective, added to the long-term problems. Wars demonstrated Mughal military might, but drained the treasury; and new anti-Hindu policies led to resentment and rebellion at home and class struggle (Habib, 2001). This led the way to foreign invasion from the neighboring Marathas, Persians, and Afghans, eating away at the empire until the commonly accepted date of the empire’s final ruler Bahadur Shah Zafar who was exiled in 1857. Question 9 Ironically, while Europeans later fought wars over control of the sea routes in the Asian region, China abandoned its dominant position. Why did the Ming court decide to end the maritime voyages of Zheng He just as China reached domination of the Asian seas? Was this a poor decision or one that strengthened China? Please explain.            There were multiple factors that seem to be present in the Ming’s decision to suspend Zheng He’s voyages. Zheng He did most of his exploring during the time of the Yongle Emperor, and when he died in 1424 his successors seemed to view Zheng He’s growing influence at court as a threat. Curbing his travels that made him famous would be a good way to reduce his influence.            Cost was also a major factor, as China became embroiled in conflict with its Mongolian neighbors to the north. Having been once conquered by the Mongolians, the Ming court took this threat very seriously, and devoted every effort to protecting their borders and resisting the Mongols. Zheng He’s expedition fleet was massive, and the cost of the journeys was thus immense, as he went as an emissary and explorer rather than a trader. His journeys did not result in wealth pouring into Chinese coffers as did that of the European explorers from the colonies they founded and trade routes they started. The Ming needed their resources to fight the Mongols, and thus cut back in other areas, such as these naval expeditions in order to meet the Mongol threat.            It is difficult to say whether this was a wise decision or not in retrospect. The money saved on naval excursions surely assisted the Ming in their mostly successful efforts to resist the Mongols, culminating in the expansion of the Great Wall of China. Perhaps if Zheng He’s costly voyages had continued, the resources would not have been available to hold off the Mongols. And yet there was a cost, which is that when the European nations began arriving in force, the Chinese were not able to resist them. Overall I would say the decision was wise, in facing the immediate threat rather than a potential and vague future threat that might never materialize. Question 10 Who founded the Ming Dynasty and what were main characteristics of rule during this period? What were the major achievements of the Ming Dynasty? What is meant by saying that the `sprouts of capitalism` can be found in the Ming Dynasty?            The Ming dynasty was founded in 1368 by Zhu Yuanzhang, a man of peasant birth and monastery education who was one of the leaders of a series of revolts that destroyed the Yuan dynasty. Upon ascending to the position of emperor, he took the name Hongwu. Some major traits of Ming rule were favor given to the poor, a strong military, a strong internal focus, and the replacement of the prime minister post with that of the Grand secretary.            The Ming period was a good one for the peasantry. Hongwu seemed to favor the poor, and gave land to peasants to farm. Peasants who moved to and farmed unused land could claim it as their own and be free from taxation on it. This led to an agricultural class much like that to be found later in America, with free citizens owning and cultivating land rather than a feudal serf system.            The early Ming favored agriculture over trade, and would eventually forbid oceangoing trade ships from leaving China. Despite this, trade flourished due to other factors, such as the introduction of silver to the economy which established currency and limited barter. Another major achievement of the Ming dynasty was its refinement of the Chinese legal code. The laws were designed to be fair and understandable, so that they could not be taken advantage of by the upper class.            Capitalism in China flourished during the Ming period. The empire was stable politically, the lower class more prosperous than ever before. Owning their own land meant that they received the benefits from their work rather than owing most of the fruits of their labor to a leige. This was the beginning of a free market, and combined with increased trade, Chinese citizens were rewarded for their hard work and this encouraged them to do well. Bibliography Habib, I. (2001). The Agrarian System of Mughal India, 1526-1707. Oxford: Oxford University Press. Hartwell, R. (1962). A Revolution in the Chinese Iron and Coal Industries During the Northern Sung, 960-1126 A.D. The Journal of Asian Studies , 21 (2), pp. 153-162. Howe, C. (1999). The Origins of Japanese Trade Supremacy. Development and Technology in Asia from 1540 to the Pacific War. Chicago: The University of Chicago Press. Maddison, A. (2006). The World Economy: Volume 1: A Millennial Perspective and Volume 2: Historical Statistics. Paris: Organisation for Economic Co-operation and Development. Saunders, J. J. (2001). History of the Mongol Conquests. Philadelphia: University of Pennsylvania Press.
Thursday, August 29, 2019
Femoral Vein to the Lower Lobe of the Right Lung Via of the Right Pulmonary Artery
Hello everyone and welcome aboard: Today we are going to embark together in my mini sub and we are going to travel through this wonderful body of this young lady named Brittany. In this journey we will enter her body through the femoral vein and travel all the way to her lung. Alert! Alert! An alert just came and we are in for a wild surprise. A bacteria has invaded Brittany’s lower lobe of her right lung and we need to report the invasion and document all we see as to what we see also.The femoral vein runs parallel with the femoral artery through the upper thigh and pelvic region of the body (Yahoo Health,2013) Being one of the larger veins in the body, the femoral vein returns blood into the leg to the heart through the iliac vein. Before we get to the iliac vein, we are going to pass through the inguinal ligament that forms a band going from anterior superior iliac spine to the pubis ligament.The role of the inguinal ligament is to protect the tissue movement between the tr unk and the lower extremities,(Yahoo Health, 2013). From the inguinal ligament, going north, we are going to see the external iliac vein which is a continuation of the femoral vein just above the inguinal ligament. Starting at the groin area the external iliac vein goes along the pelvic area. When it intersects with the internal iliac vein, we will navigate east into the common iliac vein that functions to drain the perineal regions.The iliac veins are joined together to form inferior vena cava, also know as posterior vena cava, is a vein that carries a lot of deoxygenated blood from the lower body to the heart,(Yahoo Health, 2013). It runs behind the abdominal cavity and alongside the righ vertebrae column of the spine and it carries a lot of the blood from the lower bosy to the heart and lungs,(Yahoo Health, 2013). From here we can already see the heart. Isn’t it factastic? ? ?
Wednesday, August 28, 2019
Gilgamesh Essay Example | Topics and Well Written Essays - 500 words
Gilgamesh - Essay Example â€Å"Gilgamesh is seeking Utnapishtim, the Babylonian Noah who survived the flood and was granted immortality, in order to gain the secret of immortality for himself.†(Maier, 112) In a careful analysis of the epic, it becomes obvious that the story of Gilgamesh is important in that it suggests how come to terms with death. This paper makes an analysis of how the characters in the epic deal with questions of life and death, how humans come to terms with death, whether immortality is possible and desirable to humans, and how these ideas compare to the notions of another culture. First of all, it is fundamental to recognize that the characters in The Epic of Gilgamesh deal with questions of life and death, and it is best suggested through the story of the hero, Gilgamesh who is dedicated to learn the secret of eternal life. All through the work, the protagonist is unable to realize the realities of death. Specifically, it is Enkidu’s death which leads Gilgamesh to seek a means to escape from death and to achieve immortality. Significantly, his struggle with grief, his clinging to death and mourning, his confused identification of death and life, his quest for immortality, etc suggest how much this character is engaged with the questions of life and death.
Free Trade For Developing Countries Essay Example | Topics and Well Written Essays - 2000 words
Free Trade For Developing Countries - Essay Example Before delving into the arguments concerning free trade in developing countries, it is important to define what exactly free trade is. Free trade refers to unrestricted international trade. In other words, it is trade free from barriers such as subsidies, tariffs, quotas as well as NTB’s (Non-Tariff Barriers) (Neale, 2010). Thus, free trade is based on the principles of free markets and prices under free trade are determined by demand and supply. Furthermore, the principles of Comparative Advantage, as laid down by David Ricardo, govern free trade (Victor, 2002). Free trade assumes perfect information between buyers and sellers and free movement of labor and capital. The arguments that tilt in favor of free trade for developing countries are based on economic, social and moral grounds. This is best illustrated by the case of Jordan and U.S. Jordan is categorized as a developing nation with a limited local market and surrounded by various other developing economies, thus limiti ng opportunities for its market growth (Victor, 2002). Without exports, there is limited potential for market growth for the country. However, if it enters into free trade agreements with developed nations such as the U.S, it can enjoy access to a much larger market which shall lead to greater utilization of the Jordan’s potential source of comparative advantage than without trade where resources would lay idle (Victor, 2002). To this end, free trade encourages a fuller utilization of a developing country’s resources than would otherwise be possible. Research conducted by Frankel and Romer are suggestive of the fact that free trade brings about a rise in income or GDP whether it is within the region nor international (Victor, 2002). Countries that have large domestic markets tend to support large interregional trade, and thus have higher income levels compared to small countries. These researchers have justified free trade for developing countries on the grounds that t he â€Å"exports†component of trade proves to be an engine of growth for the country (Victor, 2002). By gaining access to foreign markets, such countries can benefit from increased efficiency due to optimal size of the plant and gains from economies of scale that cannot be reaped from their local markets (Victor, 2002). The theory pertaining to international trade suggests that specialization ought to be done by countries in which they have a comparative advantage compared to their partners in trade. The Factor-Endowment theory proposed by the Heckscher-Ohlin (H-O) model incorporates the theory of comparative advantage (Victor, 2002). However, a potential disadvantage of this model is that it simplistically assumes that all countries have similar production technologies as well as similar customer tastes and preferences (Victor, 2002). Although true for nations at the same level of economic development or those enjoying similar cultural, religious affiliations, this assumpti on does not hold true for majority of the cases (Victor, 2002). The assumptions certainly do not hold true for trade between developed and developing nations. In case of developing countries, the concept of free markets is often aborted when forces such as corruption, bribery, uncertainty, lack of transparency and lack of opportunities can hamper productivity (Victor, 2002). However, to this end the H-O model, which forms the basis of free trade, has been reformed to
Tuesday, August 27, 2019
Interpretative Phenomenological Approach Essay Example | Topics and Well Written Essays - 1750 words
Interpretative Phenomenological Approach - Essay Example They found that interactive environmental activities in an outdoor programme had a significant impact on attitudes and that passive instruction had little impact on retention of knowledge. A scale of this type consists of a series of bipolar adjective pairs (e.g. good-bad, beneficial-harmful) listed on opposite sides of a page, with seven spaces in between. The attitude object is identified at the top of the scale and may be a word, statement or picture. The respondent is instructed to evaluate the attitude object by placing a mark in one of the seven spaces between each adjective pair. Development of semantic differential scales stems from the use of theory of reasoned action to investigate science-related attitudes. This is particularly important in the field of Psychology education where behaviour is a clear objective. In their theory, suggest that attitude measures should focus on a person's attitude toward behaviour rather than on the person's attitude toward particular objects. That is, instead of asking about students' attitudes towards the r researchers should assess their attitudes toward learning about the experience. This method is called the Interpretative Phenomenological Method, which is the approach used in this study in analysing the experience of Zoe, a teenager who has been adopted by a family. Interpretative Phenomenological Approach is a method which is considered as consonant with the picture presented above is introduced. Interpretative phenomenological analysis is a method which attempts to tap into a natural propensity for self-reflection on the part of participants (Abraham and Sheeran, 2001). Obviously the degree to which individuals are used to expressing such reflections, orally or in writing, can vary and some people need more encouraging and facilitating than others. But a central premise of the method is allowing participants to tell their own story, in their own words, about the topic under investigation. However, research is not a simple, singular process and the original account from the participant in the form of an interview transcript or diary entry, for example, then needs to be analysed closely by the investigator. Interpretative phenomenological analysis is about attempting to discover meanings, not eliciting facts, but trying to find out what a person's health condition means to them requires considerable interpretative work on the part of the researcher (Abramson et al., 2003). The resultant analytic account can therefore be said to be the joint product of the reflection by both participant and researcher. This study will provide a brief theoretical contextualisation for interpretative phenomenological analysis and then argues for the particular relevance it has for health psychology. It is worth pointing out that this approach aims to have a dialogue with, and to help enlarge, the discipline of psychology not to attack or stand outside it. As will become apparent, interpretative phenomenological analysis can make a valuable contribution in enriching the way mainstream psychology conceives of the individual's experience of adoption. Method The interpretative phenomenological analysis applied to the social psychology as an application to the study on the experience of the subject Zoe as an adopted in a family. The first example is from a study examining how Zoe feels of him being adopted. The project involves analysis of long semi-structured interviews with Zoe. Because the study is
Monday, August 26, 2019
Project Management Best Practices Essay Example | Topics and Well Written Essays - 3000 words
Project Management Best Practices - Essay Example Though PM inherits many methods and features of general management, but that does not indicate that it is similar to dealing with general management. Practical PM skills helps in completion of projects in a timely and efficient manner and encompass proven strategies for clarifying project objectives, avoiding serious omission errors and eliminating costly mistakes. PM encompass two dimensions, project planning and project execution. Each of these dimensions consists of five activities. "Project planning consists of subdivision of work into smaller chunks, quantification, allocating appropriate sequencing of work, proper funding and scheduling" (Howes 2001, p. 15). "Whereas project execution entails costing, measuring project scope, variance tracking and change control, evaluating performance and measuring the extent to which the outcomes are productive" (ibid). Project planning involves breaking down any project into smaller chunks or groups, and then analyse it in the light of its complexity how long each task will take and how each of these activities relate to one another. These relationships serve as the backbone of the proje ct from which we can calculate the timing of each element, and anticipate the activities which seem vital to the success of the project (Reiss 1995, p. 46). Project management comprises of techniques and methods that are based on practical implications and are effectively planned and controlled by project coordinators or managers. The framework within which each of the business activities take place illustrate practical work environment based on the practices that are proven essential in the application of methodologies of modern PM. This is to ensure that credibility establishes and retains between a project manager and a client in such a manner that manager escorts the team to interact with client, so as to understand client's objectives, responsibilities and the need for consistent planning. The technical features of PM helps the managers to learn through trial and error that PM is an integrated series of processes and activities. When applied in a repetitive manner for more than single projects, helps managers to successfully escort a project to its completion. The need for integration among various project processes is evident wherever interfaces must be established for various subtasks to interact with each other. Various subtasks integrate in a situation when a project is required to be assigned to a specific delivery date without any regard for the overall project scope. In the meanwhile project manager identifies any risks or flaws resulting from the chosen approach and communicate that specification to the stakeholders. The project manager along with the stakeholders utilise that information to negotiate and reach to a conclusion on whether the schedule should be extended or it would be better to reduce the product scope to meet the original schedule (Dinsmore & Brewin, 2006, p. 70)2. Timed-Box Scheduling: This approach is used when results are required to produce in a short time span. It emphasises on the notion that projects can be scheduled faster if customers and developers are forced to produce results quickly. This is done by reanalysing deliverables and cut out
Sunday, August 25, 2019
Globalization Strategies Essay Example | Topics and Well Written Essays - 3500 words
Globalization Strategies - Essay Example This essay stresses that sophisticated ERP models are obligatory if the operation wishes to incorporate material planning with customer demands and supplier subsidiaries, both internal and external, as well as various means of distribution channels. While there are numerous strategies that can help an organization become successful on a global scale, the best strategy to use is highly dependent upon the individual company. Some, such as Nike, are built almost exclusively on close relationships with subcontractors while others, such as Zara clothing, excel thanks to a highly integrated, centrally located headquarters. Strategies will depend upon how the organization expands its base, whether through the acquisition of other firms, the development of subcontractors or the building of new facilities, as well as the type of products or services the organization has to offer. This paper makes a conclusion that locations will have an effect upon best strategies as well, as different laws, taxes, incentives and regulations will all determine the resources and practices allowable in a given area and the overall cost of production. In the end, the best way to determine best global strategy for an individual organization is through careful analysis of the company’s goals and ethics, products offered, supply and distribution chains, resources, level of technology, legal and regulatory considerations and production processes before determining which strategy will provide for the most efficient, economic and ethically balanced combination as a means of attracting and retaining consumers.
Saturday, August 24, 2019
Ethic Group Essay Example | Topics and Well Written Essays - 750 words
Ethic Group - Essay Example r areas in Los Angeles, particularly to East Los Angeles, by the 1870s†¦The arrival of immigrants into Los Angeles caused an increase of Hispanics into other areas of the city†¦Ã¢â‚¬ 1 The influx of immigrants definitely changed the face of Los Angeles forever, making it a city that would someday cater more to Latino culture in many aspects, which will be examined in the next section about assimilation. Assimilation has not always been easy, as much of the discrimination that Latinos have faced in L.A. Latinos in Los Angeles have traditionally been labeled as the ethnic group which â€Å"takes away American jobs,†supposedly. However, many times, these jobs are those which no middle-class or even working class American would be likely to want to do. Symbolic interaction theory explains this by basically introducing the concept that â€Å"†¦people give meaning to symbols and that those meanings come to control those people [as a form of] social behaviorism†¦Ã¢â‚¬ 2 Social biases have kept many Latinos from advancing to their full potential because they are pegged as working class people who do not have much means for upward social mobility. Of course, certain parts of L.A. are more conducive and open to Latino culture than others. â€Å"Since the turn of the twentieth century, East Los Angeles in particular has been a center of Latino organizational and cultural life. This has served as an important source of contextual capital for Latino residents.†3 The Latino population is exploding with bursts of growth. By 2000, after one of the most intense periods of immigration in American history, the Latino population had grown to 35 million, or nearly 13 percent of the entire population of the United States... [major] Latino population[s] of the United States live in†¦Los Angeles County (4.2 million)†¦[basically] 46.5 percent [of the population of L.A.]†4 There are many people living in Los Angeles who, for whatever reason, are assimilating to American culture by
Friday, August 23, 2019
Some questions on Shpping Essay Example | Topics and Well Written Essays - 750 words
Some questions on Shpping - Essay Example This has made possible the process of 'outsourcing' reach new levels. Now many countries where the manufacturing costs are high have outsourced the manufacture to countries where the cost is relatively low and then re-imported back into the country. And with freight rates being relatively low, now companies source raw materials from one country, export it to another country where it is processed and finally sold in another country. This has caused the international trade to increase from 0.55bt in 1950 to 4.3bt in 1995 an 8-fold increase. For the transport of crude oil we would use a Crude Oil Tanker such as a ULCC with a capacity of up to 500,000t DWT since we want to transport as much crude oil in a single journey as possible due to high demands. For the transport of grains, we would use a Dry Bulk Cargo ship such as the handymax or the panamax. They are the most economical to build, and therefore the freight rates offered would be low allowing for the commodities to be traded at economical rates. For the domestic air-conditioners, we would use a container ship. ... For the transport of iron ore we can also use a Dry Bulk Cargo ship but with a much higher DWT such as those found on the Capesize. For the domestic air-conditioners, we would use a container ship. The advantage offered would be that transport costs would be low; the goods can safely stored on board the ship and can easily and quickly be loaded and discharged. 3) How is the simplicity of design of the dry bulk carrier relevant to the fact that it carries law value cargo A3) Dry Bulk carriers mostly transport cargoes of low value which would have very few specialised needs. This would mean that the design of the Dry Bulk carrier would not require many special additions as compared to other ships which carry specialised cargoes such Crude Oil Tankers or Reefers. This would translate into lower costs in terms of manufacturing, which would mean lower investments for the ship owners. This advantage would be seen in that; the freight rate of a Dry Bulk Carrier would be a lot lower as compared to a Tanker. And since most of the cargoes transported by these ships are of low values that would mean that the profits would not be as high and therefore the need to transport the goods at economical costs. 4) What are "flags of convenience" How have they changed over the last decades How have classification societies and IACS influenced their developments A4) 'Flags of convenience' is when a ship is registered in one country but is owned by a party present in another country. Under international maritime laws, the country where a ship is registered in determines the regulations to be applied upon the ship irrespective of the country of origin of the ship's owner. As many countries have become stricter and labour costs have risen, many ship owners register their ships in
Thursday, August 22, 2019
Literary Devices in The Woman at the Store Essay Example for Free
Literary Devices in The Woman at the Store Essay There are many different literary devices used in Katherine Mansfields The Woman at the Store, they are used effectively. Regularly Mansfield uses personification, characterization and irony. This short essay will show what the main literary devices are in this story. Irony has a significant literary device in this story; the storys plot is enormously ironic. The reader expects that the womans husband will be coming back soon, but he is dead already, which is ironic. The reader does not expect that the child knows that her mother killed her father. And that this is shown in something as pure as a drawingAnother key literary device in this story is her characterization. She characterizes the characters in this story so realistically that the reader has the idea that he has known the characters for all long time already, and he can visualize them perfectly. For example, when Mansfield writes about Jo: Not once that day he had sung I dont care, for dont you see, my wifes mother was in front of me! It was the first that we had been without it for a month, and now there seemed something uncanny in his silence. With this sentence the reader knows that Jo normally is a happy man, that he likes to sing, that he does not like mother-in-laws and that he now knows that something special is going to happen. Another important literary device is the use of personification. One good example is: the sun pushed through the pale clouds and shed a vivid light over the scene. This describes how the sun found a hole to shine through. There are many different literary devices used in The Woman at the Store but irony, characterization and personification are some key devices and Katherine Mansfield uses them well but that is what she is famous for.
Wednesday, August 21, 2019
The General Prologue Essay Example for Free
The General Prologue Essay Unlike monks, Friars were allowed to leave the monastery but they were supposed to do so to serve the community. The friar should have begged for money and preached to the laity but Chaucers Friar only associates with the wealthy, Ful wel beloved and famulier was he/ With frankelyns over al in his contree. He was not strict on sinners pleasant was his absolutioun instead he took money to absolve sins, immorally taking money from those in poverty For thogh a widwe hadde noght a sho,/ So plesaunt was his In principio,-/ Yet wolde he have a ferthing, er he wente. Chaucer lists the various sins of the Friar: he sells pardon from sin for a price, seduces women who ask for pardons, and frequents bars rather than giving charity to the poor He knew the tavernes wel in every toun Bet than a lazar of a beggestere. Chaucer is deeply sarcastic; he picks out the misdemeanours of the Monk but seyd his opinion was good and that certainly he was a fair prelaat. This sarcasm emphasizes Chaucers contempt of the church as he mocks the Monk and invites the reader to dislike him. Similarly Chaucer uses irony in his portrait of the Friar, as he often does in the use of the word worthy. When he says, This worthy man was cleped Huberd he uses irony to express is distaste; the friar is not worthy in his profession or in his private life which should be dedicated to the church. The Parson, portrayed later in The General Prologue provides a strong contrast with the friar as a man who performs his duties honourably and looks after his congregation. Chaucer obviously respects the Parson; he is a good man also a lerned man benign he was, and wonder diligent,/ And in adversitee ful pacient. All these qualities are highly regarded and admirable, and none are shared with the Friar. The portrait of the Parson increases the impression that the church was corrupt at this time by giving an example of what was expected. Additionally, the parson is the only religious character presented as truly devout which suggests that the majority of the church was corrupt. Chaucer introduces religious characters in The General Prologue as unworthy and dishonest, particularly the Friar who deceived and neglected his people. He uses the religious characters on the pilgrimage to comment on the church, which had great power in his time. Great attention is paid to the appearance of the characters, particularly of the Monk, which highlights the materialism present, a great contrast to the poverty vowed in the religious orders.
Rationale and legal significance case
Rationale and legal significance case Introduction Equity will not perfect an imperfect gift, this maxim from Milroy (1862) had been recognized as the strict rule that apply to the area of law related to the transfer of a gift. Judges and the legal profession had adopted this rule for many years. Nonetheless, this rigid requirement had been relaxed after the decision in Pennington (2002). In the followings, I will discuss the rationale and the legal significance of this case. Decision in Chancery Division Before the case went to the Court of Appeal, Judge Howarth (Judge of Chancery Division) held that Mr. Pennington was not the companys agent. He held that the gift of 400 shares became effective when Ada executed the share transfer form and there was no legal requirement for the form to be delivered to the donee /company. He also held that the breach of article 8(B) did not render the gift ineffective. Two of the beneficiaries appealed to the Court of Appeal on the points that: (1) Doctrine in Re Rose should be applied and the transfer form should be delivered to the donee/ company prior to the donors death. (2)And the transfer breached a pre-emption clause in article 8(B); (3) The donor could not be said to have done everything in her power to effect the transfer[1]. Decision of Court of Appeal The court unanimously dismissed the case, but for different reasons.[2] The summary of the judgment and reasoning will be discussed below. Arden LJs 1st Judgement The pre-emption provisions in the article 8(B) of the company did not prevent Adas share to be transferred to Harold. Reasoning Article 8(B) required a sale notice to be given. No sale notice was served on the company under article 8(B). Therefore, it appeared that Ada, Harold and Pennington were unaware of the pre- emption provisions in the article 8(B) of the company. 2nd Judgment It would be unconscionable for Ada or her personal representatives not to transfer the shares to Harold Reasoning There were 6 facts in this circumstances that give rise to the judgment : (1) Ada had made the gift of her own free will; (2) Ada had told Harold about the gift; (3) Ada had signed a form of transfer; (4) Ada had delivered the form of transfer to Mr. Pennington for him to secure registration; (5) Mr. Pennington had told Harold that there was no action that he need to take and Harold had not questioned this assurance[3]; (6) Harold agreed to become a director of the company without limit of time, which he could not do without shares being transferred to him.[4] The general rule was that Equity will not assist a volunteer [5], but AdrenLJ relied on the judgment in Choithram Although equity will not aid a volunteer, it will not strive officiously to defeat a gift,[6] and hence prefect the transfer of the shares in equity. She believed that in the above circumstances, where donors conscience was affected and it would be unconscionable and contrary to the principles of equity to allow Ada to resile. 3rd Judgment Delivery of the share transfer before her death was unnecessary so far as perfection of the gift was concerned. Reasoning Although Re Rose required the stock transfer form to be handed over to the donee, she did not think that the ratio always requires a delivery of the share transfer form to the donee,[7] and this requirement can be dispensed with in some circumstances. In this circumstance, there was a clear finding that Ada had a clear intention to make an immediate gift. The requirement of actual delivery could be dispensed with. Moreover, Adren LJ adopted the principle of benevolent construction to construct Mr Pennington as an agent for Harold for the purpose of submitting the share transfer to the company.[8] Therefore, traditional requirements of Re Rose were thus satisfied.[9] Clarke LJs The judgment of Clarke LJ seems to be different from that given by AdrenLJ. The main difference in the judgment will be explained below: Judgment Ada had executed a valid transfer of the equitable title with the result that Ada had retained the legal title as trustee.[10] The execution of a stock transfer form can have effect as an equitable assignment without the necessity of a transfer or delivery of the form Reasoning ClarkeLJ held that when Ada executed the stock transfer form, she had passed the beneficial interest to Harold. She would then hold the legal interest in the shares on trust for Harold until registration in Harolds name. Although the strict rule was that the donor must have done everything possible to effect the transfer of his equitable interest. But he believed the maxim cannot be absolutely true since there is always something more that the donor could have done. ClarkeLJ believed there was no need of a transfer/ delivery, since even Ada had delivered the transfer form to Harold, she could have done more by making a specific request to the company to register the shares in Harolds name. Moreover, there was nothing in the Stock Transfer Act 1963 s.1 which suggested that delivery was necessary to effect the transfer. Therefore ClarkeLJ believed that Ada had done everything possible thing possible to effect the transfer for the followings reasons: (1)Ada had executed the correct share transfer form; (2) Ada had given it to Pennington; (3) Ada had not thought it necessary to take any further steps to effect the transfer to Harold, and if she had been asked to do so, she would have done it; (4) Ada had not at any stage intended to reserve a right to withdraw the form; (5) The shares that she intended to give to Harold during her lifetime did not form any part of the subject matter of her will. Controversial This case is regarded as being controversial since ArdenLJ adopted two innovative ideas to perfect the transfer even without actual delivery of the share transfer form; they are (1) Unconscionability Test and (2) Benevolent Principles of Construction. The idea of unconscionability come from the decision of Choithram that if in the circumstances, the donors conscience is affected and it would be unconscionable and contrary to the principle of equity to allow the donor to resile from the gift. But in the judgment of ArdenLJ, she didnt give any concrete explanation of what will satisfy the requirement of unconscionability nor give any guideline. Arden LJ explained that the constitution of unconscionability is solely relied on the finding from the facts and depended on the interpretation of the court. Particularly, Harold did not show any evidence of detrimental reliance in order to fulfill the test. Therefore the requirement of what will satisfy the Unconscionability Test is blurred and depends on the discretion of the court. In Milroy, the court will not give a benevolent construction as to treat ineffective words of outright gift as taking effect as if the donor had declared himself a trustee for the donee.[11] But Arden LJ adopt the principle of benevolent construction on the meaning of words This requires no action on your part used by Pennington in writing to Harold and she constructed the words as meaning that Ada and, through her, Pennington became agent for Harold for the purpose of submitting the share transfer to the company. ArdenLJ did not give any guideline on the principle of benevolent construction, such as what will satisfy the requirement of benevolent construction; and when will the court adopts the usage of benevolent construction. Differences from the prevailing law The general rule in Milroy is that settlor must have done everything necessary to be done to transfer the property. If settler has not done everything necessary to effect transfer, the court/ equity will not construe a failed gift/transfer as a declaration of trust. The rule has been applied strictly in cases such as Richards (1874)[12] and Re Fry (1946). The strict application of the rule in Milroy had been relaxed in the cases of Re Rose (1952), Mascall (1984) and the recent case of Choithram (2001)[13]. In Re Rose, the court relaxed the strict rule and held that it was not necessary that the donor should have done all that it was necessary to be done to complete the gift. It was sufficient if the donor had done everything in his power to transfer title to the trustee, even there was short of registration of the transfer. Therefore in Re Rose, trust constituted if donor does everything in his power to divest himself of the trust property and transfer of legal title fails for another reason. The doctrine in Re Rose has been followed in Mascall (1984)[14]. But the execution of the document of assignment by the donor and the actual delivery of the form/ document of the assignment to the transferee were still the essential requirements. In Trustee of the Property of Pehrsson v von Greyerz (1999), the transfer is failed due to the lack of actual delivery of the transfer. In Choithram (2001), the court had further relaxed the strict rule in Milroy. The judge held that although equity will not assist a volunteer, it will not strive officiously to defeat a gift[15] This case introduced the idea of unconscionability as discussed above in para.5. In the decision in Pennington contravened the decision in Milroy that equity will not assist a volunteer. In this case, Harold did not give any consideration except he agreed to become a director. It also contravened the doctrine in Re Rose. Ada didnt deliver the transfer form to Harold, it contravened to the requirement of actual delivery in Re Rose. The adoption of the principle of benevolent principle contravened to the decision in Milroy, that court will not give a benevolent construction so as to treat ineffective words of outright gift as taking effect as if the donor had declared himself a trustee for the donee[16] The judgment of ClarkeLJ, that Ada had executed a valid transfer of the equitable title with the result that Ada had retained the legal title as trustee, it contravened the decision in Choithram. Since Choithram required the donor to declare himself to be one of the initial trustees and Ada didnt declared herself as trustee in this case. Whether the decision was correct I think that the decision in Pennington is not correct. Although if the court held that the transfer of share was ineffective, it would be unfair / unconscionable to both Harold and Ada since both parties did have the intention of completing the transfer. Certainty in law must be strictly respected and it should be the first priority. Judges should follow Milroy and Re Rose strictly. I think that the lack of actual delivery of the transfer form is fatal in this case. Since I agreed that the actual delivery is the strongest evidence in showing the intention of transferring the beneficial interest. And this evidence was absent in this case. It is also incorrect for ArdenLJ to construct that Pennington was the agent for Harold only by the words This requires no action on your part in the letter that Pennington had written to Harold. It was only an assumption by ArdenLJ. There was no evidence that neither Ada nor Harold intended to appoint him as an agent. Moreover, the unconscionability test set out by ArdenLJ should not be satisfied either. It is because detrimental reliance is always the central element in the idea of unconscionability. Harold didnt show detrimental reliance. Harold only signed the form and accepted to become a director. He had neither financial contribution nor any change in his position that could constitute to a detrimental reliance. The decision in Pennington do not left the law in a reasonable situation. Since after Pennington, unconscionability and the principle of benevolent construction were introduced. ArdenLJ did not give any guideline/ requirement of the unconscionabilty test. That means that the unconscionability test would give the court a wide discretion in allowing equity to perfect a transfer. It would cause flood gate in this area of law, since every parties will use the idea of unconscionability in arguing their cases. The amount of law suits in this area of law will definitely be increased. Moreover, it is unclear that when the court could adopt the principle of benevolent construction and also where the construction should applied. ArdenLJ did not give any direction /guideline in this area. The well established formula in this area of law that developed in cases such as Milroy and Re Rose have been totally broken by these two innovative ideas of unconscionability and principle of benevolent construction. Practical implication This case has a greater practical implication on individuals. Individuals usually do not have specific legal knowledge on the transfer of a gift. Therefore individuals would easily miss some critical requirement such as actual delivery. After Pennington, lack of delivery it is not fatal. Since individuals can argue that in the specific circumstances, it is unconscionable for the donor to resile. Then it is the courts interpretation on whether the unconscionability test is satisfied in the circumstances that the individual encountered. The practical implication in business is that it is more difficult to ascertain the real legal requirement in the constitution of a valid transfer. Before Pennington, businessman can rely on the rule set out in Milroy and Re Rose to ascertain legal certainty. After Pennington, it becomes difficult for a businessman to interpret the meaning of unconscionability. Certainty in law is essential to give confident to businessman in doing economic activities. Precaution should be made due to the uncertainty in law. The implication on legal advisers is that flood gate situation would likely to occur. Lawyers can rely on unconscionability to bring legal action for their clients, and the amount of law suits will increase dramatically. Application in later UK case In a later UK case, Jordan v Roberts (2009) in Chancery Division, the concept of unconscionablity/ inequity that used in Pennington have been adopted by the Judge George.Bompas.Q.C. The fact was that the donor(B) wished the first defendant (D1) to hold 51% of shares and therefore transferred his shares to D1. The legal issue was whether the donor(B) has successfully transferred his shares to D1[17] . In any event, the relevant shares could not simply have been transferred to D1. It required an instrument of transfer, but donor failed to do so. It was similar to that of Pennington. The Judge citied Pennington v Waine in perfecting the transfer and held that it would be inequitable for the donor (B) to resile. Conclusion The concept of the unconscionability and the benevolent Principles of construction might give the court a greater discretion to apply justice depending on the special circumstances on each particular case. Nevertheless, certainty in law is the most fundamental issue in common law legal system. In my opinion, the decision in Pennington disrupted the legal certainty and left the law in this area in a doubtful and non-predicable manner. Ian Hunter, Equity and Trust: The Constitution of a trust, Case Comment, Coventry Law Journal 2002 John Mc Ghee 2003 Ian Hunter, Equity and Trust: The Constitution of a trust, Case Comment, Coventry Law Journal 2002 Judith Morris, Question: When is an invalid gift a valid gift? When is an incompletely constituted trust a completely constituted trust? Answer: After the decisions in Choithram and Pennington, Private Client Business Article 2003 Para. 52 of the judgment in Pennington v Waine (No.1) [2002] EWCA Civ 227; [2002] 1 W.L.R. 2075 (CA (Civ Div)) Para. 60 of the judgment in Pennington v Waine (No.1) [2002] EWCA Civ 227; [2002] 1 W.L.R. 2075 (CA (Civ Div)) Ian Hunter, Equity and Trust: The Constitution of a trust, Case Comment, Coventry Law Journal 2002 Para. 67 of the judgment in Pennington v Waine (No.1) [2002] EWCA Civ 227; [2002] 1 W.L.R. 2075 (CA (Civ Div)) John Mc Ghee 2003 Ian Hunter, Equity and Trust: The Constitution of a trust, Case Comment, Coventry Law Journal 2002 Para. 60 of the judgment in Pennington v Waine (No.1) [2002] EWCA Civ 227; [2002] 1 W.L.R. 2075 (CA (Civ Div)) Richards v Delbridge (1874) LR 18 Eq II Mascall v Mascall (1984) CA Judith Morris, Question: When is an invalid gift a valid gift? When is an incompletely constituted trust a completely constituted trust? Answer: After the decisions in Choithram and Pennington, Private Client Business Article 2003 Para. 60 of the judgment in Pennington v Waine (No.1) [2002] EWCA Civ 227; [2002] 1 W.L.R. 2075 (CA (Civ Div)) Jordan v Roberts [2009], EWHC 2313
Tuesday, August 20, 2019
Free Billy Budd Essays: Innocence in Billy Budd :: Billy Budd Essays
Innocence in Billy Budd There is much to be said about innocence. If one is with innocence than one can do no wrong. But that is not all to be said. Innocence is not always a good thing. It could make one naive or blind to certain evils. Like in the case of Billy Budd. Billy was innocent from evil and therefore could not see the evil of John Claggart approaching him, out to destroy him. It is known Billy's innocence was his down fall by hiding the true evil from his eyes. But why was John Claggart out to destroy Billy?. There are several reasons why John Claggart attempts to destroy Billy Budd. John Claggart wants to destroy Billy because he is extremely wary of Billy's intentions. He has come to believe that Billy is planning a mutiny and wants to take over the ship. Claggart reports this to captain Vere saying," During today's chase and possible encounter I had seen enough to convince him that at least one sailor aboard was dangerous." Meaning that he felt Billy was against them. Claggart felt that Billy's big plan was to get in favor of all the men on the ship and then turn them against the captain. Captain Vere responds by having Billy and Claggart meet in private where Claggart can openly accuse Billy of this crime. Fortunately, Claggarts attempt to destroy Billy for mutiny fails because he is struck down by Billy in one blow, ending the matter, but opening a m uch more serious one. Claggart is also seen as attempting to destroy Billy due to his evil nature in general. Nothing depicts Claggart's evil nature better than the way he looks. His cleanly chiseled chin and cunning violet eyes that can cut lesser sailors with an evil glare. His pale yellow skin and jet black curly hair; they all contrast his character. He is out to destroy Billy because of the constant struggle of good and evil. Billy is innocent and cannot comprehend evil therefore making him good. People calling Billy "baby budd, and handsome sailor" just seem to contrast the good in him even more. Claggart was born evil and therefore is evil. Claggart would naturally be out to destroy Billy because he is what he is against. Just good vs. evil in a battle for control. That is why Claggart is naturally out to bring the downfall of Billy Budd.
Monday, August 19, 2019
Motion Picture Special Effects Essay -- Film Movie Essays
Motion Picture Special Effects â€Å"Special visual effects have added to the allure of motion pictures since the early days of cinema. French director Georges Mà ©lià ¨s is considered the most influential pioneer of special effects. His film â€Å"A Trip to the Moon†combined live action with animation, demonstrating to audiences that cinema could create worlds, objects, and events that did not exist in real life†(Tanis par. 1). Through examples of the new techniques and the movies where they were presented, this paper will detail the changes that special effects have seen over the last twenty-five years. Special effects have been used ever since the film industry became popular. Three-dimensional film technology became popular in the1950s, when it enjoyed a brief period of use (Sklar par. 3). Although motion-picture film, like still photography, normally yields two-dimensional images, the illusion of a third dimension can be achieved by projecting two separate movies. Members of the audience wear 3-D eyeglasses so that the right eye sees one picture and the left eye sees the other, producing the effect of three dimensions. Three-dimensional film technology is still being used today at Universal Studios in Florida. When my family visited the amusement park there was a feature 3D film that was rendition of â€Å"The Terminator.†Three-dimensional film has changed, because now the members of the audience no longer have to wear glasses with one red and one blue lens. Now the glasses are clear, but still allow the user to get the same three-dimensional effect that they would the red and blue glasses. Another example of the lasting power of early techniques is stop-motion photography. The original â€Å"King Kong†used this technique, in which the King Kong figurine was repeatedly filmed for very brief segments and then moved, so that when the film was projected at normal speed, King Kong appeared to move. The same technique animated the figures in â€Å"James and the Giant Peach†(â€Å"Nova†par. 2). After World War II there was a lull in the development and use of special effects. Technical advances in the design and manufacture of motion-picture cameras made it easier to film on actual locations, and the trend in cinematic storytelling tended toward realism, resulting in less call for fantastic illusions. Then in 1968 the film â€Å"2001: A Space Odyssey†, in which astronauts ap... ... Works Cited Tanis, Nicholas. "Motion Picture," Microsoft Encarta Online Encyclopedia 2000 October 12, 2000 <http://encarta.msn.com>. Sklar, Robert. " History of Motion Pictures, " Microsoft Encarta Online Encyclopedia 2000 October 24, 2000 <http://encarta.msn.com>. Nova Online. â€Å"The Grand Illusion: A Century of Special Effects,†Nova Online 1996. October 12, 2000 < http://www.pbs.org/wgbh/nova/specialfx/effects/history.html>. Hayes, R.M. Trick Cinematography: The Oscar Special-Effects Movies. North Carolina: McFarland, 1986. Erland, Jonathan, and Kay Erland. â€Å"The Digital Series Traveling Matte Backings†Composition Components Company October 12, 2000 <http://www.digitalgreenscreen.com/NoFrame/ tmatte.html>. Thalmann, Nadia, and Daniel Thalmann, eds. New Trends in Animation and Visualization. New York: Wiley, 1991. La Franco, Robert. â€Å"Digital Dreamin’.†Forbes Sept. 1998: 223. Kaplan, David A. â€Å"Grand Illusions.†Newsweek Online 1996: October 12, 2000 <http://www.newsweek.com>. Howstuffworks Online. â€Å"Developing The Matrix,†Howstuffworks Online. 1999. October 14, 2000 <http://howstuffworks.com/framed.htm?parent=Matrix>.
Sunday, August 18, 2019
Comparing the Devil in Farewell to Arms and The Outsider (The Stranger) :: comparison compare contrast essays
The Devil in Farewell to Arms and The Outsider Once we knew that literature was about life and criticism was about fiction--and everything was simple. Now we know that fiction is about other fiction, is criticism in fact, or metaphor. And we know that criticism is about the impossibility of anything being about life, really, or even about fiction, or finally about anything. Criticism has taken the very idea of "aboutness" away from us. It has taught us that language is tautological, if it is not nonsense, and to the extent that it is about anything it is about itself. One of the fascinations of reading literature comes when we discover in a work patterns that have heretofore been overlooked. We are the pattern finders who get deep enjoyment from the discovery of patterns in a text. And true to the calling we have noticed a pattern in and around A Farewell to Arms which, to our knowledge, no one has seen before. Although there are many editions of the novel, and as a result the pagination is slightly different in various editions, it is the case that all editions have forty-one chapters to be found in five books. Here is what we have discovered: if you multiply 41 by 5 you get 205. And now if you take the number of letters in Frederic's name (8) and add that to the number of letters in Catherine's name (9) you get 17. 205 + 17 = 222. And if you grant that the time of the events in the novel, counted properly, is three years, then the pattern we have discovered starts to emerge as figure on ground or as lemon juice ink on a secret message when held over a candle. For what is the product of 222 and 3 but the infamous 666 of Revelations 13:18? Imagine now our delight when we discovered a similar 666 pattern in The Outsider. If you multiply the number of letters in Meursault's name times the number of letters in `Albert' times the number of letters in `Arab' you get 216. Add to that the 6 of `Albert' and multiply by 3 (which is the number one gets when dividing the number of chapters in Part one (6) by the number of books (2) that make up The Outsider) and surprise of surprises: the meaning revealing number `666' once again emerges! Comparing the Devil in Farewell to Arms and The Outsider (The Stranger) :: comparison compare contrast essays The Devil in Farewell to Arms and The Outsider Once we knew that literature was about life and criticism was about fiction--and everything was simple. Now we know that fiction is about other fiction, is criticism in fact, or metaphor. And we know that criticism is about the impossibility of anything being about life, really, or even about fiction, or finally about anything. Criticism has taken the very idea of "aboutness" away from us. It has taught us that language is tautological, if it is not nonsense, and to the extent that it is about anything it is about itself. One of the fascinations of reading literature comes when we discover in a work patterns that have heretofore been overlooked. We are the pattern finders who get deep enjoyment from the discovery of patterns in a text. And true to the calling we have noticed a pattern in and around A Farewell to Arms which, to our knowledge, no one has seen before. Although there are many editions of the novel, and as a result the pagination is slightly different in various editions, it is the case that all editions have forty-one chapters to be found in five books. Here is what we have discovered: if you multiply 41 by 5 you get 205. And now if you take the number of letters in Frederic's name (8) and add that to the number of letters in Catherine's name (9) you get 17. 205 + 17 = 222. And if you grant that the time of the events in the novel, counted properly, is three years, then the pattern we have discovered starts to emerge as figure on ground or as lemon juice ink on a secret message when held over a candle. For what is the product of 222 and 3 but the infamous 666 of Revelations 13:18? Imagine now our delight when we discovered a similar 666 pattern in The Outsider. If you multiply the number of letters in Meursault's name times the number of letters in `Albert' times the number of letters in `Arab' you get 216. Add to that the 6 of `Albert' and multiply by 3 (which is the number one gets when dividing the number of chapters in Part one (6) by the number of books (2) that make up The Outsider) and surprise of surprises: the meaning revealing number `666' once again emerges!
Saturday, August 17, 2019
Plato and Gettier on Knowledge Essay
Plato in one of his most famous earliest dialogue Meno tried to provide a new way of explaining how we humans ‘acquire’ knowledge. The common notion of the ancient Greeks and even to our times on how we acquire knowledge is the characteristic of knowledge to be taught and learned. Knowledge in a sense is an outside entity that resides outside ourselves. We learn outside of ourselves through our environment or other people that try to teach us. However, the events and flow of discussion in Meno had convinced Plato to provide a new framework that will be able to discuss how we acquire knowledge. Plato’s basic discussion says that knowledge acquisition is more in fact a matter of recollection rather than learning. We acquire knowledge and ideas from the inside of ourselves and not through the lessons outside ours. Plato rooted this from the belief of the priest and diviners and even philosophers to the immortality of the soul. The soul had existed since time immemorial making it able to know everything it needs to know. Whatever knowledge and ideas had already been embedded on the soul because of immortal existence. However, as the soul transfer from one body to another body because of the mortality of the human body, Plato argued that as the body withers and dies, all the knowledge are forgotten and put into background. From here, Plato would argue for the knowledge acquisition to be a matter of recollection and remembering of the knowledge and ideas already possessed by the soul. Plato believed that whatever we know is a recollected and remembered idea of the soul’s former existence. This concept was explained by Socrates to Meno with the help of Meno’s slave. Socrates called the slave and asked some questions regarding geometry and the measurement of some shapes. Socrates tried to ask some questions that direct the slave to answer them rightfully. It is important to note the slave is uneducated in the classical sense. However, through Socrates’ questions, he managed to enable to direct the slave towards right answers. This had help to prove to Meno that the soul already possessed the knowledge and opinions about everything. For Plato, this knowledge can be accessed by examining ourselves and with yourself or someone asking the right questions that will redirect you to the knowledge and ideas inside your soul. Knowledge is defined in its justification, truth and being a belief. After discussing the nature of knowledge and how we can acquire it, Socrates and Meno moved on to discuss to define opinion and its relevance on the affairs of man. The task is simple, to define opinion (true opinion) and to contrast it to knowledge. Primarily, Socrates acknowledged the role of a good opinion in the human affairs. He did not disregard it completely but rather understand its use in some cases. In fact, he acknowledges the inclination of virtuous men to rely on their true opinion to do good things. However, Socrates clearly undermines opinion; even they are good when it is contrasted to knowledge. For Plato, an opinion does not last long and easily withers in contrast to knowledge that has the capability to last eternally. The main difference lies on the presence of a rationality and grounds on knowledge and its absence of an n opinion. He used the example of a statue. He stated that the statue with that is tied in a good foundation will be able to last longer compare to a statue that is not tied. For Socrates, though an opinion can produce the same awe to an observer, it is a natural tendency for humans to ask the question of why and how. These questions cannot be answered by an opinion because of its absence of ground. In this sense, knowledge exceeds an opinion. This definition of knowledge that is characterized by Plato which is defined as a justified true belief had dominated from the ancient Greeks up to the mid-late 20th century. The general belief that knowledge for it to be referred as knowledge must be able to satisfy three basic characteristics, which is (1) justification (2) truth (3) belief was questioned by Edmund Gettier’s paper entitled â€Å"Is Justified True Belief Knowledge? †. This short paper that had managed to provide a doubt to the long tradition in epistemology that considers knowledge to be a justified true belief. Edmund Gettier provided to two cases or examples will put in to question the long era of this ancient belief. He presented a case in which the three conditions are present namely justification, truth, belief yet unable to be count as knowledge because of the play of other factors. In Gettier’s examples which were referred as Gettier’s cases, the three criteria were only made possible by some elements of luck and chance which clearly invalidate it to be knowledge. This put an ‘end’ to a long tradition of considering knowledge by the virtue of three elements of justification, truth and belief. Though the paper of Gettier did not provide an alternative view or solution to his problem, responses on his paper can be summarized to the attempts of many philosophers to look or find out for the fourth criteria that will make the definition of knowledge. Works Cited Plato. Grube G. M. A. (trans) Cooper, John (rev) Five dialogues. 2002. Hacket Publishing Company Inc. IN. Print Gettier. Edmund. Is Justified True Belief Knowledge? Web.
Friday, August 16, 2019
Lady Macbeth’s Diary Essay
At the beginning of today I was received a letter from my dear husband, Macbeth he told me of how he was triumphant in both battles, with his day of success being ended with predictions of his future by â€Å"Three Weird Sisters†. Who the hailed him with Thane of Glamis, Thane of Cawdor, and king hereafter. It is said they have more than mortal knowledge and if this prediction came true I shalt be Queen! Macbeth tells me later he found out from a messenger from the King he was to be the new Thane of Cawdor, the prediction had come true in a matter of minutes. The other prediction must come true too and I shalt make it. A messenger then came and told me that the king was coming to our castle tonight! This was our chance to kill King Duncan! I wished to me made unsexed and I called upon the spirits to help me become evil and full of direst cruelty. I also asked for my women’s breasts to be filled with gall. I must with Macbeth do the deed but I want no remorse I must be evil from hereafter! I told Macbeth what we are to do and I know he is weak so he must be strong like me and become an innocent flower but be a serpent under it. He isn’t sure about killing Duncan but he must go through with it. He deserves to be King and I need to be Queen! I told him I would make the plan as I know he is too full of human kindness but I would still have to use threatening and harsh persuasion to convince him. Everything was ready yet Macbeth the fool that he was left Duncan’s chamber to tell me in a weak voice that ‘we shall proceed no further in this business’ I had to tell him what a coward he was and how he would do it if he loved me. But he fell for it yet again the sweetie! He will soon become evil like me and we can become a partnership as we were meant. To persuade him to do this murder I told him how un- man he was and he backed away not yet convinced. But I told Macbeth how he knows how much I love the baby that milks me but if I had promised so to him as he has done to me. How I would as it was smiling in my face have plucked my nipple from its boneless gums and killed it. (I used the word dashed its brains out to make it more terrifying for him) Yet I convinced him and he rose upwards and forward with me in a partnership of evil to kill Duncan. He even thought about planting the daggers on the drunken guards so it would be more obvious it was them! He has gone now to try and do it. I just hope he does actually go through with this deed and doesn’t manage to get caught or give it away! Even if he gets caught I shall be Queen it just means I don’t need a coward like him!
Thursday, August 15, 2019
Setting Goals
Greg Anderson once said, â€Å"When we are motivated by goals that have deep meaning, by dreams that need completion, by pure love that needs expressing, then we truly live life. †Always start with a quoteHe implies that if people set goals in life and have dreams to fulfill their passions, then they are truly living their lives with a meaning. Individuals should set goals in life. Even though setting goals in life is essential, others disagree stating goals only make people become worried because high pressure to achieve them.This is wrong, however, because when creating goals, people are held responsible for them which will increase the chance of completing them. Setting goals in life can help many achieve much more and is essential because it helps people live a better life, become better, and push forward. Setting goals in life helps people live more. When the goals are completed, new found knowledge and abilities let individuals experience more out of the same life event s compared to the previous person they were. For example, a twenty–year-old’s worldview is different compared to when they were ten.They would see life with much more clarity, depth and perspective today than they were in the past. Add specific example Also, goals with specific measures and deadlines ensure people maximize production and experiences during their time here. Another reason dreaming and goal setting is important is because it helps individuals become a better people. Goals help people achieve their highest potential. Without goals, people would live in a way that keeps themselves safe and comfortable every day. avoid indefinite pronouns The familiarity is the enemy of growth.It prevents people from growing. It does not enable people to become the best people they can be. It denies people from tapping into all the potential that lies inside of them. In my goal achievement processes, I have found myself constantly bursting through new grounds and uncovering potential which I did not know existed before. Add a specific example Without these goals, I would be just doing everything normally. It has made me much more self-aware and learn a lot more things about both myself and life, compared to if I did not have those goals.By setting goals, it drives people forward. Goals are a representation of inner desires; desires which motivate people in life. The point when goals are made marks the point when people are most connected with their source of motivation. It is when motivation is at its peak. Having goals serves as a constant reminder of a motivational foundation. They are the fuel which drive individuals forward and keep them going when there are obstacles in the way. Add an example ( Michael Jordan who didn’t make it to first team or a president)Setting goals can do so much in life compared not setting goals. If people were to take some time out to set goals now, it would be guaranteed that they would definitely experience more growth as a person. By spending a few minutes to communicate some aspirations that have been in their mind, they could experience more progress in life a year from now than compared to if they did not. As shown, setting goals is important. It helps people live better lives, become better, and drives people forward. Setting Goals Greg Anderson once said, â€Å"When we are motivated by goals that have deep meaning, by dreams that need completion, by pure love that needs expressing, then we truly live life. †Always start with a quoteHe implies that if people set goals in life and have dreams to fulfill their passions, then they are truly living their lives with a meaning. Individuals should set goals in life. Even though setting goals in life is essential, others disagree stating goals only make people become worried because high pressure to achieve them.This is wrong, however, because when creating goals, people are held responsible for them which will increase the chance of completing them. Setting goals in life can help many achieve much more and is essential because it helps people live a better life, become better, and push forward. Setting goals in life helps people live more. When the goals are completed, new found knowledge and abilities let individuals experience more out of the same life event s compared to the previous person they were. For example, a twenty–year-old’s worldview is different compared to when they were ten.They would see life with much more clarity, depth and perspective today than they were in the past. Add specific example Also, goals with specific measures and deadlines ensure people maximize production and experiences during their time here. Another reason dreaming and goal setting is important is because it helps individuals become a better people. Goals help people achieve their highest potential. Without goals, people would live in a way that keeps themselves safe and comfortable every day. avoid indefinite pronouns The familiarity is the enemy of growth.It prevents people from growing. It does not enable people to become the best people they can be. It denies people from tapping into all the potential that lies inside of them. In my goal achievement processes, I have found myself constantly bursting through new grounds and uncovering potential which I did not know existed before. Add a specific example Without these goals, I would be just doing everything normally. It has made me much more self-aware and learn a lot more things about both myself and life, compared to if I did not have those goals.By setting goals, it drives people forward. Goals are a representation of inner desires; desires which motivate people in life. The point when goals are made marks the point when people are most connected with their source of motivation. It is when motivation is at its peak. Having goals serves as a constant reminder of a motivational foundation. They are the fuel which drive individuals forward and keep them going when there are obstacles in the way. Add an example ( Michael Jordan who didn’t make it to first team or a president)Setting goals can do so much in life compared not setting goals. If people were to take some time out to set goals now, it would be guaranteed that they would definitely experience more growth as a person. By spending a few minutes to communicate some aspirations that have been in their mind, they could experience more progress in life a year from now than compared to if they did not. As shown, setting goals is important. It helps people live better lives, become better, and drives people forward.
Balco Employee’s Union V. Union of India
BALCO Employee’s Union v. Union of India – Significance in Administrative Law. Administrative decision making has been a subject of great discussion since long. The application of a mind, which is in not a strict sense judicial, the presence of arbitral preferences coupled with the fact of discretion allowed to the executive in decision making, more often than not, carries the impression of whims and caprices being involved while such decision has been taken. Related essay: AK Kraipak CaseThe question of why at all this is so, is to be answered not from a legal but from a humanitarian standpoint. Each human differs from other and when subjective satisfaction of a group of individuals is concerned, the executive wing of the state in the present case; it is bound to happen that one there will be a number of groups who do not agree with the decision so taken for they have their own criteria’s and yardsticks to measure the same. Possibly, the same is the case with administrative decision making.When the Government is satisfied, based upon the material considered and issues involved, that a given decision is appropriate for a circumstances, it may equivocally be true that it may not satisfy each and every individual concerned with the similar set of issues and therefore there may arise a conflict. History is full of examples and is enriching day by day of the instances in which executive decisions have been challenged on grounds of they being arbitrary, suffering from mala fide, based on non-satisfactory grounds, irrational, to name a few of them.The study of one such instance forms the essence of this paper. The decision of the Government of India to disinvest M/s Bharat Aluminum Company Limited, popularly known as BALCO was challenged by the employees of BALCO , State of Chattisgarh and by some public spirited individuals before various High Court and finally before the Supreme Court . It was challenged that the decision to disinvest BALCO was contrary to the legal and social interests of the employees as well as certain other legal issues were raised by different parties .The present study is to analyse the judgment of the Supreme Court in the instant case with a critical angle and also trace its legal impact with a special focus on the impact it has made upon Administrative law. To introduce the case, it would be advisable to dwell in the broad frame the case dealt with rather than to deal with the precise fac ts and issues. To categorize, the case dealt with a challenge to the administrative power of the Government on the matter of disinvestment of its stake in a government company as regards the procedure followed while so deciding and also the provisions that needs to be examined while deciding the issue.On a broader level, an administrative policy was under a challenge before the Court. The precise impact that this decision, therefore, had was on the level of administrative discretion that the executive enjoyed in the selection of and following of a policy which had a vital impact on the economic position of the country . Nevertheless, the answer of the Supreme Court has been affirmative and it was categorical in mentioning that unless the policy adopted by the government suffered from the vires of illegality or malafide .Not stopping at this, the Court also gave a substantive reflection on the aspect of natural rights and their applicability as regards the choice of administrative po licy . For a detailed analysis and to have a diverse perspective, the study has been divided into different chapters which deal with a host of issues involved in the case and for having a varied dimension. II. A BRIEF DESCRIPTION OF THE FACTS OF THE CASE The case arose to challenge the validity of the decision of the Union of India to disinvest and transfer 51% shares of M/s Bharat Aluminum Company Limited (hereinafter referred to as ‘BALCO’).The case was filed by way of a writ petition by the BALCO Employees’ Union by filing Writ Petition No. 2249 of 1999 in the High Court of Delhi when upon the recommendation of the Disinvestment Commission, the Cabinet Committee on Disinvestment approved the sale of 51% of the shares of BALCO to private ownership and thus reducing the status of the company from a Government Company to a private enterprise . Further, upon the same issue, a Public Interest Litigation (PIL) was filed by one Dr. B. L. Wadhera in the Delhi High Cou rt and similarly writ petition filed by Mr.Samund Singh Kanwar in the High Court of Chattisgarh wherein different steps of the disinvestment procedure were challenged. With the filing of the writ petitions in the High Court of Delhi and in the High Court of Chattisgarh, an application for transfer of the petitions was filed by the Union of India in the Supreme Court and by Order dated 9thApril, 2001, the writ petitions which were pending in the High Court of Delhi and Chattisgarh were transferred to the Supreme Court . CONTENTION OF THE PARTIES (A) On behalf of the BALCO Employees' Union.Before disinvestment, the entire paid-up capital of BALCO was owned and controlled by the Government of India and its administrative control co-vested in the Ministry of Mines. BALCO was, therefore, a State within the meaning of Article 12 of the Constitution . Therefore, by the reason of disinvestment the workmen had lost their right and protection under Articles 14 and 16 of the Constitution. This was an adverse civil consequence and, therefore, they had a right to be heard before and during the process of disinvestment .The type of consultation with the workmen which was necessary was, whether BALCO should go through the process of disinvestment; who should be the strategic partner; and how should the bid of the strategic partner be evaluated. It was further submitted that the workmen had reason to believe that apart from the sale of 51% of the shares in favour of Sterlite Industries the Agreement postulated that balance 49% will also be sold to them with the result that when normally in such cases 5% of the shares are disinvested in favour of the employees the same would not happen in the present case . B) On behalf of the Union of India It was submitted that disinvestment had become imperative both in the case of Centre and the States primarily for three reasons: a. Firstly, despite every effort the rate of returns of governmental enterprises had been woefully low, exclud ing the sectors in which government have a monopoly and for which they can, therefore, charge any price. The rate of return on central enterprises came to minus 4% while the cost at which the government borrows money is at the rate of 10 to 11%.In the States out of 946 State level enterprises, above 241 were not working at all; about 551 were making losses and 100 were reported not to be submitting their accounts at all . b. Secondly, neither the Centre nor the States have resources to sustain enterprises that are not able to stand on their own in the new environment of intense competition . c. Thirdly, despite repeated efforts it was not possible to change the work culture of governmental enterprises .As a result, even the strongest among them have been sinking into increasing difficulties as the environment is more and more competitive and technological change has become faster. Further it was submitted that the wisdom and advisability of economic policies of Government are not am enable to judicial review . It was not for Courts to consider the relative merits of different economic policies. Court was not the forum for resolving the conflicting clauses regarding the wisdom or advisability of policy.III. A CRITICAL ANALYSIS OF THE DECISION Besides the dispute that arose between the employees and the Government of India, the major controversy that arose as regards the Union’s decision to disinvest was on political lines. It was an accusation by the state Chief Minister that there were irregularities committed by the Union in coming up to disinvestment decision as well as the decisions suffered from arbitrary exercise of power and malafide .Another important factor which can be observed from a careful reading of the decision is that though the case was primarily to challenge the policy of disinvestment as being adopted and followed by the Union of India, the matter, as decided by the Supreme Court, revolved primarily around the rights of the employees an d their consequent protection after BALCO had actually been disinvested . The Court declined to review the policy decision of the Union Government on the adoption of a policy of disinvestment though in fact it was tried to be justified on behalf of the Union as reflected from the submissions of the Attorney General .Thus it can be said that the Court actually did not, at any stage, examine the correctness of the disinvestment policy for India. The Court tried to evade deciding upon this issue and thus giving it a name of administrative policy, it was approved. It is also important to note while laying down the decision the significance of the judgment far transcended the specifics of the BALCO transaction as it enunciates far-reaching principles that will influence the tenor of jurisprudence on economic affairs for long.The most pertinent example is of the case of Centre for Public Interest Litigation v. Union of India wherein the disinvestment of Hindustan Petroleum Company Limited (HPCL) and Bharat Petroleum Company Limited (BPCL) was approved on the grounds that since the disinvestment of BALCO was already allowed therefore there is no case made out whereby it could be proved unsuited to the Indian context though, in reality the process of disinvestment was never in fact approved in the BALCO case based upon the merits of the case .It is important to note that in the specific case of the alleged malfeasance in the case of BALCO, the Court categorically stated that â€Å"the facts herein show that fair, just and equitable procedure has been followed in carrying out this disinvestment. The allegations of lack of transparency or that the decision was taken in a hurry, or that there has been an arbitrary exercise of power are without any basis. It is a matter of regret that on behalf of the State of Chattisgarh such allegations against the Union of India have been made without any basis.We strongly deprecate such unfounded averments which have been made by an officer of the said State. †Thus the judgment was not simply a strong rebuke to the credibility of the Chief Minister Mr. Ajit Jogi, it also served to forestall further challenges by state governments on the federal government’s prerogatives on privatization . Also, the Court circumscribed the extent to which matters of economic policy and disinvestment in particular, and consequently matters of policy, shall be scrutinized by courts .The Court was categorical in stating that ‘‘it is neither within the domain of the Courts nor the scope of judicial review to embark upon an enquiry as to whether a particular policy is wise or whether a better public policy can be evolved. Nor are our Courts inclined to strike down a particular policy at the behest of a petitioner merely because it has been urged that a different policy would have been fairer or wiser or more scientific or more logical. Parliament is the proper forum for questioning such policy. Thus the Cour t held that such disputes were beyond the realm of judicial determination and were left to the legislature to have circumspection over such executive policies. Also, aware of the economic costs of the plant closure as a result of the judicial intervention, the Court for the first time declared that, ‘‘No ex parte relief by way of injunction or stay especially with respect to public projects and schemes or economic policies or schemes should be granted.It is only when the Court is satisfied for good and valid reasons that there will be irreparable and irretrievable damage can an injunction be issued after hearing all the parties. ’’ As a sort of warning, the Court sought to deprecate the excessive use of PILs as a medium to thrash government policies which were prima facie genuine and correct. It thus added, â€Å"the Petitioner should be put on appropriate terms such as providing an indemnity or an adequate undertaking to make good the loss or damage in th e event the PIL is dismissed. ’ It categorically held that ‘‘every matter of public interest or curiosity cannot be the subject matter of PIL. Courts are not intended to and nor should they conduct the administration of the country. Courts will interfere only if there is a clear violation of Constitutional or statutory provisions or noncompliance by the State with its Constitutional or statutory duties. ’ In regard to disinvestment specifically, it held, ‘‘The decision to disinvest and the implementation thereof is purely an administrative decision relating to the economic policy of the State and challenge to the same at the instance of a busybody cannot fall within the parameters of Public Interest Litigation. ’’ The Court also specified the contours of the rights of labour when policy changes were affected, for instance when the Government disinvests its equity in an enterprise.While holding that in the BALCO disinvestment case, the Government had exerted itself to protect the interests of employees of the company, more generally it was open for the Government, like any other employer, to take workers along, to keep them informed about prospective changes and to allay their apprehensions but, labour could not claim a right, either on the basis of natural justice or any other foundation, to be consulted, or the right to receive prior notice, or to be consulted at every stage of the process .The Court also specially held that ‘‘even a government servant, having the protection of not only Articles 14 and 16 of the Constitution but also of Article 311, had no absolute right to remain in service’’ and therefore the decision to change the control of the company from government to private hands was the sole prerogative of the government and could not be challenged by the employees. IV. IMPLICATIONS THAT FOLLOWED THE JUDGMENT It is true that the decision given by the Court in the BALCO cas e was based upon a sound appreciation of arguments, yet there are many implications which may follow pursuant to the decision.The major emphasis is on the policy of disinvestment. Though the Court did not go into the merits of the disinvestment policy per se yet, it did silently approve the policy to be followed by the Union . Thus the court supported the revival of the national economic with the support of private lines. The earlier policy of socialist economy, as upon which the Constitution was based and is as well enshrined in the Preamble, read with the State’s duty to avoid concentration of wealth in private hands as envisaged under the Directive Principles was not considered an appropriate solution for meeting the present day need i. . boosting the national economic growth . The observations of the Court on the aspect of natural justice may have been insignificant in terms of words spoken on it or portion of the judgment dealing with it yet; the impact which it has crea ted is enormous. The Court held that the principles of natural justice did not apply even in case the rights of the employees were affected as regards the change of their employer . They were not even given an opportunity to be heard and this was the sole bone of contention.For the very reason that Sterlite industries (the buyer) had given an undertaking that no employee of BALCO would be removed and the government had taken sufficient steps towards the protection of the employees, they had no reason to be heard. Employees, being connected with the manufacturing and other process in a much closer manner than any other body had, at least, the minimum right to put their views before the Court. Thus the participation of employees in the betterment of their organisation at the Board level was also discouraged.An important fact that may have evaded the critics was the method of computation of BALCO’s capital. Of the three different methods, the accounting method adopted for arrivi ng at the reserve price for the sale of BALCO was the one with the lowest result . It was never questioned by the Court. Thus it can be used in later cases before the Court that the method adopted by the Government is beyond judicial review too as it falls within the ambit of administrative discretion too . It may seem to be a remote issue nevertheless may be raised in the Courts.Further, the Court never did accept or uphold that disinvestment as a policy per se was a good policy to be implemented in the pursuance of national economic growth. Yet it was so stated in the later case wherein the disinvestment of HPCL and BPCL was challenged and it was contended by the Union of India that the policy of disinvestment was upheld by the Supreme Court in the BALCO case . These are some of the implications that may arise pursuant to the decision of the Supreme Court in the matter of the BALCO disinvestment process, as being conceived by the researcher.V. CONCLUSION The Supreme Court, in the celebrated case of Ram Jawaya Kapoor v. State of Punjab, observed thus, â€Å"the executive function comprises both the determination of policy as well as carrying into execution. The evidently includes the initiation of legislation, the maintenance of order, the promotion of social and economic welfare, the direction of foreign policy, in fact the carrying on or supervision of the general administration of the State†. Thus we find that the determination of policy has always been within the domain of the Executive.Therefore there remains no doubt that the government had the power to decide as to the adoption of a policy of disinvestment. It is this very precise reason that the same could not have been challenged successfully before the Court. Thus, it was challenged indirectly by taking the stand that such a policy would under the legal and constitutional rights of the employees of BALCO . Thus we find that the litigation, the reason for challenge and the motive behind such a challenge were flawed from its very beginning. The success of the petition was, therefore, never guaranteed.The main reason seems more of so political rather than legal, which initiated the present litigation. Nevertheless the Court was categorical in dealing with the issues. It laid to rest its critics while also issuing a stern warning that Public Interest Litigation should not be used as a means to invalidate policy decisions of government which in ordinary course were beyond judicial review. The Court also severely deprecated the action of the State officials who accused the Union Government of malafide and abuse without stating firm grounds for the same.On the aspect of the impact that the decision has created on administrative law, it can be said that it was not much except for the fact that it reiterated certain fundamental principles which had already been incorporated in the Indian legal stream. The fact of the administrative discretion and power to adopt and implement po licy decisions being beyond the scope of judicial review unless it suffered from illegalities or malafide was upheld .Further the Court upheld that there was no violation of principles of natural justice by non-hearing of the employees in the entire disinvestment process as it was purely a matter of administrative choice wherein the employees had no stake. It may be hard to adjust but seems to be a sound legal principle indeed. After all the rights of the employees were protected under different labour and industrial legislations no matter who the employer was. Thus accepting the fact that they had an interest in the management of the company yet, it was not incumbent or essential to take their views before deciding the entire process.The silent approval of the disinvestment process by the Apex Court also symbolizes the fact that the Court also feels it in the interest of national interests and the economy on the whole. This the Court expounded in a later case when it approved the s ale of HPCL and BPCL on similar lines as BALCO. Thus, on a whole, though the case may failed to give any novel concept, yet it is landmark of its own kind. It was an attempt on the part of the Court to define its own limits on judicial review. It also stretched the scope for the exercise of administrative powers in making policy decision. REFERENCESARTICLES: 1. Devesh Kapur and Ravi Ramamurti, Privatization in India: The Imperatives and Consequences of Gradualism, (Center For Research On Economic Development And Policy Reform, 2003, Last visited on September 7th, 2011). 2. Presentation on Disinvestment, as presented by the Union of India at the OECD CONFERENCE on Privatisation, Employment and Employees, 10-11 OCTOBER 2002, Turkey, Last visited on September 7th, 2011). 3. Shankar Acharya, India’s Macroeconomic Management In The Nineties, (As Prepared For Indian Council For Research On International Economic Relations, 2001, ; http://www. crier. org/; Last visited on September 7th, 2011). 4. T. N. Srinivasan, Economic Reforms and Global Integration, (Policy Paper, as presented to Center for Research on Economic Development and Policy Reform, Stanford University, 2001). 5. V. Sridhar, Battle over Balco, (The Frontline, Volume 18 – Issue 06, Mar. 17 – 30, 2001, Last visited on September 7th, 2011). BOOKS: 1. Jain & Jain, Principles of Administrative Law, (Wadhwa & Co. , Nagpur, 4th edition, 2003). 2. I. P. Messy, Principles of Adminstrative Law, (Eastern Book Company, Lucknow, 2003).
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