Classical Concerto

CONCERTO A concerto (from the Italian: concerto, plural concerti or, often, the anglicised form concertos) is a musical composition usually composed in three parts or movements, in which (usually) one solo instrument (for instance, a piano, violin, cello or flute) is accompanied by an orchestra.The etymology is uncertain, but the word seems to have originated from the conjunction of the two Latin words conserere (meaning to tie, to join, to weave) and certamen (competition, fight): the idea is that the two parts in a concerto, the soloist and the orchestra, alternate episodes of opposition, cooperation, and independence in the creation of the music flow. The concerto, as understood in this modern way, arose in the Baroque period side by side with the concerto grosso, which contrasted a small group of instruments with the rest of the orchestra.The popularity of the concerto grosso form declined after the Baroque period, and the genre was not revived until the 20th century. The solo co ncerto, however, has remained a vital musical force from its inception to this day. Classical concerto . Sonata form in the Classical ConcertoFor exposition, development and recapitulation, The concerti of the sons of Johann Sebastian Bach are perhaps the best links between those of the Baroque period and those of Mozart. C. P. E. Bach’s keyboard concerti contain some brilliant soloistic writing.Some of them have movements that run into one another without a break, and there are frequent cross-movement thematic references. Mozart, as a boy, made arrangements for harpsichord and orchestra of three sonata movements by Johann Christian Bach. By the time he was twenty, Mozart was able to write concerto ritornelli that gave the orchestra admirable opportunity for asserting its character in an exposition with some five or six sharply contrasted themes, before the soloist enters to elaborate on the material. He wrote one concerto each for flute, oboe (later rearranged for flute and known as Flute Concerto No. ), clarinet, and bassoon, four for horn, a Concerto for Flute, Harp, and Orchestra, a Sinfonia Concertante for Violin, Viola and Orchestra, and Exsultate, jubilate, a de facto concerto for soprano voice. They all exploit and explore the characteristics of the solo instrument. His five violin concerti, written in quick succession, show a number of influences, notably Italian and Austrian. Several passages have leanings towards folk music, as manifested in Austrian serenades. However, it was in his twenty-seven original piano concerti that he excelled himself. citation needed] It is conventional to state that the first movements of concerti from the Classical period onwards follow the structure of sonata form. Final movements are often in rondo form, as in J. S. Bach's E Major Violin Concerto. [2] Sonata form Sonata form is a large-scale musical structure used widely since the middle of the 18th century (the early Classical period). While it is typically us ed in the first movement of multi-movement pieces, it is sometimes used in subsequent movements as well—particularly the final movement.The teaching of sonata form in music theory rests on a standard definition and a series of hypotheses about the underlying reasons for the durability and variety of the form—a definition that arose in the second quarter of the 19th century. [2] There is little disagreement that on the largest level, the form consists of three main sections: an exposition, a development, and a recapitulation;[3] however, beneath this, sonata form is difficult to pin down in terms of a single model.The standard definition focuses on the thematic and harmonic organization of tonal materials that are presented in an exposition, elaborated and contrasted in a development and then resolved harmonically and thematically in a recapitulation. In addition, the standard definition recognizes that an introduction and a coda may be present. Each of the sections is often further divided or characterized by the particular means by which it accomplishes its function in the form.Since its establishment, the sonata form became the most common form in the first movement of works entitled â€Å"sonata†, as well as other long works of classical music, including the symphony, concerto, string quartet, and so on. [3] Accordingly, there is a large body of theory on what unifies and distinguishes practice in the sonata form, both within eras and between eras. Even works that do not adhere to the standard description of a sonata form often present analogous structures or can be analyzed as elaborations or expansions of the standard description of sonata form.Outline of sonata form Introduction The Introduction section is optional, or may be reduced to a minimum. If it is extended, it is, in general, slower than the main section, and frequently focuses on the dominant key. It may or may not contain material that is later stated in the exposition. Th e introduction increases the weight of the movement, and also permits the composer to begin the exposition with a theme that would be too light to start on its own, as in Haydn's Symphony No. 03 (â€Å"The Drumroll†) and Beethoven's Quintet for Piano and Winds Op. 16. The introduction usually is not included in the exposition repeat. On occasion, the material of introduction reappears in its original tempo later in the movement. Often, this occurs as late as the coda, as in Mozart's String Quintet in D major K. 593, Haydn's Drumroll Symphony, or Beethoven's Piano Sonata No. 8 (â€Å"Pathetique†). Exposition The primary thematic material for the movement is presented in the Exposition. This section can be further divided into several sections.The same section in most sonata form movements has prominent harmonic and thematic parallelisms (although in some works from the 19th century and onward, some of these parallelisms are subject to considerable exceptions), which inc lude: First subject group, P (Prime) – this consists of one or more themes, all of them in the home key (also called the tonic)—so if the piece is in C major, all of the music in the first group will be in C major. Although some pieces are written differently, most follow this form. Transition, T – in this section the composer modulates from the key of the first subject to the key of the second.Second subject group, S – one or more themes in a different key from the first group. If the first group is in a major key, the second group will usually be in the dominant. If the original key is C major, for example, the key of the music of the second group will be G major, a perfect fifth higher. If the first group is in a minor key, the second group will, in general, be in the relative major, so that, if the original key is C minor, the second group will be in E-flat major. The material of the second group is often different in rhythm or mood from that of the f irst group (frequently, it is more lyrical).Codetta, K – the purpose of this is to bring the exposition section to a close with a perfect cadence in the same key as the second group. The exposition is commonly repeated, particularly in classical works. Often, though not always, the last measure or measures of the exposition are slightly different between the repeats, one to point back to the tonic, where the exposition began, and the second to point towards the development. Development In general, the development starts in the same key as the exposition ended, and may move through many different keys during its course.It will usually consist of one or more themes from the exposition altered and on occasion juxtaposed and may include new material or themes – though exactly what is acceptable practice is a famous point of contention. Alterations include taking material through distant keys, breaking down of themes and sequencing of motifs, and so forth. The development v aries greatly in length from piece to piece and from time period to time period, sometimes being relatively short compared to the exposition (e. g. , the first movement of Eine kleine Nachtmusik, K 525/I by Mozart) and in other cases quite long and detailed (e. . , the first movement of the â€Å"Eroica† Symphony by Beethoven). Developments in the classical era are typically shorter due to how much composers of that era valued symmetry, unlike the more expressive romantic era (â€Å"Eroica† is considered to be the first Romantic symphony) in which development sections gain a much greater importance. However, it almost always shows a greater degree of tonal, harmonic, and rhythmic instability than the other sections. At the end, the music will usually return to the tonic key in preparation of the recapitulation. On occasion it will actually return to the sub-dominant key and then proceed with the same transition as in the exposition). The transition from the development to the recapitulation is a crucial moment in the work. The last part of the development section is called the retransition: It prepares for the return of the first subject group in the tonic, most often through a grand prolongation of the dominant seventh. Thus, if the key of the movement is C major, the retransition would most typically stress the dominant seventh chord on G.In addition, the character of the music would signal such a return, often becoming more frenetic (as in the case of the first movement of Beethoven's â€Å"Waldstein† Sonata, Op. 53). A rather notable exception to the harmonic norm of the retransition occurs in the first movement of Brahms's Piano Sonata No. 1, Op. 1. The general key of the movement is C major, and it would then follow that the retransition should stress the dominant seventh chord on G. Instead, it builds in strength over the seventh chord on C, as if the music were proceeding to F major.At the height of the musical tension, this chord triumphs with great volume and wide registral scope on the downbeat, only to take up immediately the first theme in C major – that is, without any standard harmonic preparation. Occasionally, the retransition can begin with a false recapitulation, in which the opening material of the first theme group is presented in a key other than the tonic. The surprise that ensues when the music continues to modulate toward the tonic can be used for either comic or dramatic effect. RecapitulationFirst subject group – normally given prominence as the highlight of a recapitulation, it is usually in exactly the same key and form as in the exposition. Transition – Often the transition is carried out by introducing novel material, a kind of brief additional development section; this is called a secondary development. Second subject group – usually in roughly the same form as in the exposition, but now in the home key, which sometimes involves change of mode from major to minor, or vice versa, as occurs in the first movement of Mozart's Symphony No. 0 (K. 550). More often, however, it may be recast in the parallel major of the home key (for example, C major when the movement is in C minor like Beethoven's Symphony No. 5 in C Minor, op. 67/I). Key here is more important than mode (major or minor) – the recapitulation provides the needed balance even if the material's mode is changed, so long as there is no longer any key conflict. Exceptions to the recapitulation form include Mozart and Haydn works that often begin with the second subject group when the first subject group has been elaborated at ength in the development. After the closing cadence, the musical argument proper is said to be completed. If the movement continues, it is said to have a coda. Coda After the final cadence of the recapitulation, the movement may continue with a coda which will contain material from the movement proper. Codas, when present, vary considerably in length, b ut like introductions are not part of the â€Å"argument† of the work. The coda will end, however, with a perfect authentic cadence in the original key.Codas may be quite brief tailpieces, or they may be very long and elaborate. A famous example of the more extended type is the coda to the first movement of Beethoven's Eroica Symphony (no. 3 in E flat), although there are numerous others in Beethoven's music. Explanations for why an extended coda is present vary. One reason may be to omit the repeat of the development and recapitulation sections found in earlier sonata forms of the eighteenth century. Indeed, Beethoven's extended codas often serve the purpose of further development of thematic material.

Consider how Shakespeare presents madness Essay

Consider how Shakespeare presents madness in the play and explain whether you think it does illustrate how, â€Å"something is rotten in the state of Denmark. † One of the main themes in Hamlet is that of madness. Shakespeare conveys madness through not only Hamlet but through other characters as well, such as Ophelia, to covey that that the state of Denmark is rotten. At the beginning of the play, the first thing introduced are the night watchmen seeing the ghost. This is at the beginning because it is the first event in the chain that eventually leads to Hamlet seeking revenge for his father’s death. Although he was upset by his father’s death and his mother’s ‘o’erhasty marriage’, it was the revelation that his father was murdered that he thinks that he must take revenge. When Horatio first speaks to the ghost he recognises that it is unnatural for it to be there; â€Å"What art thou that unsurp’st this time of night†, illustrating that he feels that the ghost has ‘wrongfully seized’ the night. The atmosphere is unsettling and the ghost’s unnatural appearance is a sign of the bad things going on in Denmark, especially the court; â€Å"This bodes some strange eruption to our state. † During the times that the play was written, unusual things that happened were seen as a sign that something was not right in the courts; â€Å"Something is rotten in the state of Denmark†. This could be referring either to the whole of Denmark, or just the courts. It is after Hamlet sees the ghost that he decides that he will pretend to be mad; â€Å"put an antic disposition on†, but he does not want his friends to tell anyone what they have seen or that he is feigning madness; â€Å"Never make known what you have seen tonight†, as he believes that this way he can find means to exact his revenge on Claudius for killing his father; â€Å"And thy commandment all alone shall live within the book and volume of my brain†, meaning that all he shall have in his thoughts is how the ghost of his father told him to exact revenge on Claudius. This is the first step in the theme of madness for the play. Although Hamlet clearly says that he will be putting on his madness, it is uncertain whether actually he does go mad during the play, as illustrated in his outbursts towards his mother and Ophelia, and the murder of Polonius. There is much deception during the play, such as Claudius trying to gloss over the fact that he knows that his marriage to Gertrude could be seen as incest by the Church and that Hamlet should have been the rightful heir to the throne; â€Å"Yet so far hath discretion fought with nature that we with wisest sorrow think on him together with remembrance of ourselves. † He says that he is mourning and feels that mourning is appropriate for the old king, but he must think of himself, perhaps hinting at the fact that the death was convenient for him and he has had enough of mourning. This is characteristic of him throughout the play as all he has done and will do is for his own self interest, as when Hamlet asks if he can leave the castle, Claudius refuses, saying; â€Å"And we beseech you, bend you to remain here in the cheer and comfort of our eye†. He appears to be asking him to stay for his comfort, but he actually wants to keep an eye on him because he knows that he is still a threat to him and the throne. He at first seemed to want Hamlet to become like a son to him, but that changes as soon as he realises he could be a threat to him. He also continually uses the words ‘we’, ‘our’ and ‘us’ to establish himself as the husband of Gertrude and the King of Denmark. Polonius comments; â€Å"with pious action we do sugar o’er the devil himself†. To which Claudius replies as an aside; â€Å"The harlot’s cheek, beautied with plastering art, is not more ugly to the thing that helps it than is my deed to my most painted word. † Claudius admits that he is covering up the truth, continuing the theme of deception, adding to the audience’s awareness of the rottenness of Denmark. As there becomes more deception and secrecy throughout the play, it seems that the imagery in the language reflects the deception, and images of disease are used; â€Å"For the sun breed maggots in a dead dog, being a good kissing carrion†. This could be language to refer to how that state of Denmark is rotting, but also Hamlet’s language seems to reflect his turmoil as he tried to decide what to do about Claudius, and as he gets more frustrated with himself he becomes more abusive towards his mother and Ophelia; â€Å"You are keen my lord, you are keen. † â€Å"It would cost you a groaning to take off mine edge. † He is taunting Ophelia using double meaning. Hamlet is very good at creating double meanings, like when he says to Claudius; â€Å"I am to much i’th’sun†, which he says as if he is in too much sunshine but also he is saying that he feels too much like Claudius’s son. Later in the play the text says; â€Å"It will but skin and film the ulcerous place, whiles rank corruption, mining all within, infects unseen. † He is saying that corruption, like infection starts within, and the corruption of Denmark will begin with the court. This also links in with madness because madness also starts from within – within the mind, and perhaps it is saying that just one unstable mind could bring down all the state. Another way that Shakespeare presents madness in the play is through Ophelia. She goes mad after Hamlet kills her father, but also because of the way Hamlet treated her – cruelly. He said to her that he loved her, and there were some hints that he had been intimate with her, but he treats her badly and even tells her that he does not love her. She has been a victim of a corrupt society – from Hamlet leaving her and from her father, such as using her as a pawn to spy on Hamlet. After she has become mad, she sings many songs. The first one that she sings is, ‘How should I you true love know’. This song could be her recalling the death of her father; â€Å"He is dead and gone lady, he is dead and gone. † This is the first thing that comes into her mind to sing about, so it must be the thing that is foremost in her mind. It could also be that she is recalling how Hamlet is now lost to her, and she is still looking for her true love, because it seems obvious that she has not found him yet. However, the rest of the songs seem to be about Hamlet, as they are about lost love and some of them imply that Ophelia had been sexually intimate with Hamlet; â€Å"Quoth she, before you tumbled me you promised me to wed†. It seems that both her father and Hamlet are responsible for Ophelia’s madness, and this is reiterated by what Ophelia sings about. Ophelia was controlled all the men in her life, and this was customary for the time, but it seems that they took too much of a hold on her, with none of them considering her feelings, for her father told her to no longer speak to Hamlet as it could affect his career, Laertes also told her to stay away from Hamlet and Hamlet was cruel to her. She also says, after her first song; â€Å"They say the owl was a baker’s daughter. † This could just be nonsense, but it could also be referring to her father, saying that once she was the daughter of a man in the court, but now she is just the daughter of a dead old man. Polonius did help the corruption in Denmark, such as spying and trying to make sure his own career was safe, and because of him Ophelia is mad. Hamlet also said that he loved Ophelia, and whereas before he was tender, due to the corruption around him and his succumbing to it, he was a factor in Ophelia’s madness, which eventually led to her suicide. By the actions of people around her, Ophelia is tainted by the corruptness around, as Hamlet says in the beginning of the play says that she is pure, but later on says she is wanton like all women, and tells her; â€Å"to a nunnery go. † This could be to send her to be protected, or it could be a sarcastic remark telling her to go to a brothel.

The Impressionists Essay Example | Topics and Well Written Essays - 750 words

The Impressionists - Essay Example A critique once mockingly called their work ‘Impressions’, since they lacked defined form, and that is where the Impressionists got their name. Claude Monet was born on November 14, 1840 in Paris. In spite of having little artistic influence in his early childhood, an artist developed in him while during classes (that he did not enjoy) he drew caricatures of his teachers, for which he became known and started working at a picture-framing store, where they were displayed along with his other artwork. Eugene Boudin’s work was displayed there too, which differed from the Realists (the then prevailing group of artists who liked painting with sober colors and dark shadows). Boudin believed that no object could be directly painted exactly the way it is due to the fleeting effects of color and light; his works were mocked by the art community and Monet too, but later became a huge influence in Monet’s career. Boudin’s practices of painting outdoors, complet ing his works then and there and paying close attention to the effects of light were also adopted by Monet. The reaction in the 1880s against Impressionism is known as Post-Impressionism. The Post-Impressionists emphasized on formal structure and order, being more meticulous in their work. However, they shared a similar approach with the Impressionists that color should be an independent bearer of emotion and expression. The element of artificiality is also common in their works. The movement was led by Paul Cezanne, Paul Gauguin, Vincent van Gogh and Georges Seurat. He was born on 29th March, 1859 in Paris. He was a Post-Impressionist painter and draftsman renowned for his innovative use of drawing media and devising the Pointillism technique. Ecole Municipale de Sculpture et Dessin was the place where he studied art and in 1878, to enhance his skills he went to Ecole des Beaux-Arts where Henry Lehmann taught polished his work. He spent the summer of 1890 on the coast at Gravelines , where he painted 4 canvases including the Channel of Gravelines. He died in Paris on March 29, 1981 at the age of 31 due to an uncertain cause. One of Claude Monet’s most famous works is La Gare Saint-Lazare that he painted in 1877. It was a challenging task and required him to be very quick in retaining the sensations of light, steam and motion in his mind, for with the station so crowded and continuous arrival and departure of trains, the scene was never the same. Impressionists liked painting outdoors because they were inspired by the urbanization in Paris triggered by the Industrial Revolution. Monet’s use of short brush strokes and loose brushwork hardly convey forms, but are indicative of spontaneousness and effortlessness. In a way, these techniques of easiness and the use of bright colors(against the Realists’ concept of art) also indicate how the advent of technology brought convenience to people’s lives. On the other hand, Grand Jatte was pain ted by the Post-Impressionist Georges Seurat when he was 27 and is considered to be one of his most influential works. Seurat, in this work, has captured recreation on the island of Paris, which represented a new type of modernity for the affluent Parisians. It is painted in his famous Pointillist technique, emphasizing purity of colors on canvas. His depiction of people facing either

Religion and Spirituality Essay Example | Topics and Well Written Essays - 1250 words

Religion and Spirituality - Essay Example   Americans are guaranteed the right to believe anything they wish by the U.S. Constitution including their own religious belief of creation, but it forbids these suppositions to be taught in public school science courses. Advocates of instructing creationism universally desire to impose their beliefs across a broad range of students of widely varying philosophical backgrounds. Their continuing efforts have persuaded some American schools to teach creationism, or intelligent design theory, instead of or along with evolution. These actions have initiated numerous debates among school boards, state legislatures, and parents. The constitutional concept of the separation of church and state is advantageous for religion. In this case, it ensures that religious instruction will be taught by appropriately trained church personnel and parents and it prevents governmental intervention into religious matters. It also makes certain that school classrooms remain welcoming to all cultures and r eligions. The government can neither promote nor oppose particular religious beliefs or doctrines according to the Constitution as interpreted by the Supreme Court. The Constitution does not impede religion by disallowing creationism to be taught. Instead, it guarantees religious freedoms by protecting individual rights to worship. The idea of creation is undeniably religious doctrine. The government, therefore, cannot promote it in classrooms as science without infringing on the First Amendment. The Supreme Court has held that instructors may not teach that humans were created by God and must present only scientific explanations for the history of life. Creationism cannot be presented as scientific fact.  Ã‚  

PROFESSIONAL SKILLS Assignment Example | Topics and Well Written Essays - 2500 words

PROFESSIONAL SKILLS - Assignment Example I can apply my skills in the computer not only in my home country in the KSA but anywhere in the world. My past history in computing has been from an early age along with my academic career that was related to computing. From the young age of 14, I was already working with computers in Saudi Arabia. That went on for about two years. I did gain much experience in this field and this motivated me to choose the computing field to be my future career. This is when I decided to go to the UK to pursue my studies in computers. It was difficult adjusting to life in a foreign land and I had to overcome a few hurdles. However being a hardworking person helped me to maintain my targets. Within a short time period I developed and gained many skills and abilities as I am a fast learner and attentive to details. I made sure that I always read and develop new vocabularies and learning new concepts of computing. I did International Foundation year at Bradford University and I learned many things tha t created for me a strong foundation towards my progression towards a computing career. I learned the fundamentals that are necessary for a computing degree and I believe that I have the necessary tools that will enable me to be creative and effective towards my computing degree. I already obtained my results for term 1. I am currently waiting for my term 2 results that will be issued very shortly. International Foundation year has solidified me more and gave me a direct path to degree study at university and ensured that I gain the skills and knowledge to succeed in a computing degree. It helped me gain scientific knowledge and understanding to a level where I will be suitable for a computing career. My main target in life is to be useful person able to help, share and be creative therefore, I choose computing as my main career. My main aim is to establish my degree in computing degree and after that stage, i am willing to continue and pursue a Masters’ degree and consequent ly, a PHD at a later stage in future.    SWOT Analysis I have been thrown in various situations and in each one, I learn more about myself and about others. These situations make me reflect on what I have learned from them. According to Osterman (1990), â€Å"reflection is the essential part of the learning process because it results in making sense of or extracting meaning from the experience†. One should not just go through life as if everything comes as second nature. We need to think critically if what we are doing is truly meaningful and relevant or if we are just wasting our time on something insignificant. I have also used a SWOT analysis of my strengths and weaknesses in my current situation and what opportunities and threats are around me. Strengths: My self-analysis process revealed that I am the ultimate â€Å"people-person†. I attract people to approach me without any reservations. I have a strong belief in my own skills and have the ability to inspire ot hers to do well for themselves, with me setting a good example. I am an enabler, sincerely encouraging people to bring out the best in themselves, cheering them on along the way to their success. I am known to be generous, giving whatever time and energy I can without expecting something in return. In terms of work, I am very capable

Wal-Mart on Becoming the World's Largest Company Essay

Wal-Mart on Becoming the World's Largest Company - Essay Example This was another great idea because store managers were more motivated to succeed and improve their individual stores. Another philosophy Walton had was locating his stores in small towns as opposed to large cities. This allowed him to avoid competition from larger retailers. He also created clusters of stores within a specific region and had giant warehouses built in the middle of these clusters in order to supply the stores in that region (â€Å"Wal-Mart,† 2009). These various strategies and management philosophies that Walton employed made Wal-Mart a tremendous success. Wal-Mart continued to expand in the 80s. Walton introduced â€Å"Sam’s Club† stores in 1983, which allowed customers to buy consumer goods at bulk-quantity prices. In 1987, Wal-Mart purchased a state of the art networking system that instantly communicated inventory and sales information across their network of stores. This greatly increased efficiency and gave Wal-Mart another edge over its co mpetitors. A year later, Wal-Mart introduced their first â€Å"Supercenter† which combined their retail store with a supermarket. They continued to grow in the 90s as they went international in 1995 and introduced the first â€Å"Neighborhood Market† stores, which specialize in groceries, in 1998 (â€Å"Wal-Mart,† 2009).

Capital Punishment Research Paper Example | Topics and Well Written Essays - 2000 words - 1

Capital Punishment - Research Paper Example The History of Capital Punishment The history of capital punishment is complex and diverse. The capital part of the nomenclature comes from the Latin word capitalis, which regards anything involving the head, and indeed early capital punishment often involved decapitation. Even prior to this, capital punishment was widely used and examples of capital punishment can be found in the past (or present, in 58 countries) of almost every culture. Nearly every law regarding capital punishment in the past two millennia regard capital punishment as only appropriate for serious crimes, such as murder, treason or political dissent, although there are some examples where the punishment can be used for military crimes such as desertion or refusing national service. The first recorded case of capital punishment in the United States was in 1608 on a Mexican immigrant who was accused of spying for the Spanish government (Goldberg, 1974). Since this initial incident, the history of capital punishment in the USA has been mixed throughout various states and areas. It is reported in the Espy files that over 15,000 people have been executed in the United States (or colonies before the formation of the States) since 1608 (Henderson, 2000). This suggests that the punishment is rare and, as previously mentioned, only considered in serious breaches of law. One incident stands out among the rest if only because of the nature – a mass execution of 38 people in Dakota who were convicted of rape and murder during the Dakota war of 1862 (Kronenwetter, 2001). Again, this incident stands out due to its rarity – examples of mass capital punishment are even rarer than their singular counterparts. The 20th century brought with it a more compassionate culture and thus a different attitude towards capital punishment. It is proudly announced by citizens of Michigan that the state was the first English-speaking government in the world to ban all capital punishment for crimes other than treason (Henderson, 2000). Michigan itself can also be proud of the fact that it has not carried out a capital punishment since it joined the Union. It has now been joined by 14 other states that explicitly ban the use of capital punishment, although 35 states still currently have a law sanctioning the penalty (Banner, 2002). Several other countries now ban the death penalty, including every member state of the European Union and many South American countries including Venezuela. Capital Punishment in the United States Taking into account the potted history of capital punishment, it is no surprise that it causes such a debate, particularly in the United States. The United States is often championed as being a free and liberal nation, the jewel in the crown of the Western world, but still carries out capital punishment year after year with a spike in the early 2000s to pre-1950s levels of execution (Banner, 2002). Over 40 death penalties were acted upon in the year 2010 in the United States. The US government did, however, have a brief period in the 1970s where capital punishment was completely banned, and it was expected that many states would keep this ban. However, after the ban was lifted in 1977, 37 states reinstated the death penalty. Why does this champion of modernity still hold what could be seen as archaic views on this extremely harsh (and arguably archaic) punishment? To understand this further, it would be wise to investigate the statistics in context. Since 1977, over 500 people have been executed in the United Sta

Who Cares About Writing Anyway Essay Example | Topics and Well Written Essays - 1000 words

Who Cares About Writing Anyway - Essay Example is about the self, including the individual and the collective inside the â€Å"I.† I would like to think that people, however, should think more about what, why, and how they write, because writing renders significant power that should not be diluted by constantly writing about personal and superficial strifes alone. Freedom of speech is a responsibility that is too important to be wasted on empty status updates that do not, at least sometimes, mean something more to people as human beings and as communities. This paper argues that people should care about writing, because whoever writes well can re-tell the past, appreciate and affect the present, and re-define the future. History spawns power; whoever writes and re-tells it, owns it and the future. Benjamin Franklin has written his autobiography that some praise, some criticize, or some just feel nothing for. But he knows the power of the written word. The written word can be the basis for the said word too. The written word can bring meaning and lessons that can impact the way people think and act. Lawrence undermines Franklins moral values in â€Å"On Ben Franklins Virtues,† but he does so through writing too. He wants to document his own views, because he knows that writing will re-tell the past the way he wants it to be told. He wants the past to not be interpreted and spread by a white man alone. He wants his own viewpoint as a â€Å"dark forest† (367). I want to stress that writing consists of expressing how people want others to see themselves as individuals and as part of their people/s too. Indeed, each race has its individuals. Lawrence is an individual and Franklin is too; th ey belong to their â€Å"groups,† whether these groups intersect or not. They can clash in their arguments of virtues and write about it, because that is part of shaping who they are. At the same time, they want to influence others, whether they are in the same racial community or not, so that they can make sense of their past as

The Major Competitors for the Digital Television Communication Case Study

The Major Competitors for the Digital Television Communication - Case Study Example This research will begin with the statement that the rapid advancement of the communication technology is bringing a number of advantages to the users of the improved technology. One of such advanced development is the digital television. While the consumers generally recognize the benefits of the advanced technology, they are also aware of the complexities and other disadvantages of the intrusion and other anti-social incidents. The major objective of technology today is to align itself with the preferences of the consumers as to the ways in which they would like to enjoy their leisure time. This is becoming increasingly important as the customers depend on the improvements in technology for their day to day needs. In this context, the Digital Television technology is offering a wide range of benefits to the consumers. At the same time, the technology is not left without competition both in terms of the hardware and also from other kinds of service providers in the visual communicat ion media. The three different digital delivery platforms - terrestrial, cable and satellite - have operated as a potential hindrance to the growth of the digital TV market in the UK. The early market entrants have created proprietary systems that have affected the growth of the digital TV. "The competition between the satellite and terrestrial platforms is such that set-top boxes are now being provided free to digital subscribers." However out of this IPTV is not likely to pose any stiff competition presently to Digital TV despite the support from the service providers. "IPTV is primarily a defensive move by the major service providers rolling out services. While they have the potential to generate additional revenues for operators, the key driver of deployment - in the short-term at least - will be improving customer loyalty and adding greater depth to the services provided to consumers over ADSL networks." (CBR) But in future, this particular segment is sure to act as a major com petitor for digital TV. Â  Personal Video Recorder (PVR): Â  Being an additional service offered by the Pay-TV operators the penetration level of PVR is not that significant in the UK context. Since PVR represents a time-shifted viewing this segment may develop into a powerful competitor in the future as in the US already 18 percent of the households were having a PVR at the end of 2006 through the development in Europe is not that significant which remained at 2 percent of the household having a PVR. High Definition TV: Even though there is no potential threat of competition from the HD TV presently due to lack of HD programming in the UK the likelihood of this segment becoming a major development in the digital technology area is imminent. The promotion of free set-top boxes from the Pay TV operators has seriously affected the integration of the digital TV market. On the service side, there are various service providers providing different forms of services to attract the consum ers. Â  'Freeview' has an important role to play in the Television market offering over 40 channels delivering digital television through a standard antenna. All entertainment avenues in the form of music, news, sport, and films are available free to the customers and Freeview is in hot demand with 'no price' as its selling point. "Sky provides a service for which people are willing to pay. Its base package alone provides a far greater choice than its free competitor, while those who wish to broaden this foundation are free to select from packages that will deliver everything from the latest blockbusters to live premiership football.

Schaeffer IT Outsourcing Essay Example for Free

Schaeffer IT Outsourcing Essay Schaeffer Corporation must have improved information technology services in order for them to achieve their ambitious growth goals. Schaeffer’s IT is not one of their core competencies and they are able to save some money by outsourcing and expending into additional countries and acquiring these new companies will require extraordinary IT support efforts. Schaeffer Corporation has five challenges associated with their decision to outsource. In order of priority, the first challenge is that what if there is a problem with the contract? If new situations arise that weren’t in the contract, Schaeffer is unable to renegotiate contract thereby losing lots of money in the process. This will require additional costs without additional benefits. Contract negotiations are an integral part of the purchase process because it is hard to renegotiate a contract with selected vendors (398). The project manager involved in the contract writing and negotiation steps should re-read the company’s needs and the package’s capabilities before making a major decision. Successfully implementing a packaged application requires commitment from business managers and users so having a project manager satisfy the role to manage technical aspects of implementing a package (400). Challenge number two is that if Schaeffer outsources, the data center will be in Vilona and not all employees will want to work in Vilona so this causes employees to leave Schaeffer not because they want to but because they have to. Project management can also use Schaeffer’s loyal and long time staff for certain parts of the project implementation and see what else they can do for their due to the change in outsourcing. Ten people have decided to leave for other jobs during the outsourcing decision process. IT people have been displaced by ABC employees. Outsourcing is already having an impact on the culture of the company and individuals with the best qualifications should be placed for work within the ABC Corporation as part of the outsourcing decision (418). The third challenge is that ABC Corporation has a higher cost than they stated in their RFP. Schaeffer needs to have a project budget for the total project to outsource. Cost estimations can be very complicated by many types of unknowns not in the contract including lack of precedents, unpredictable technical problems and shifting business requirements (418). Schaeffer will need a budget that has  some layaway in case of issues with cost arise. Challenge number four is that the Colbert Division does not want to outsource because it is very expensive and risky. The outsourcing decision will have risks just like every other decision but Schaeffer should look into more firms and research so that this important decision does not interfere with their planning and that no one better fits their dynamic and growing Reitzel Division. Colbert Division does not want to outsource because it is too expensive and risky for their division. Schaeffer needs to let the Colbert Division know the advantages to outsourcing all the divisions. Some advantages are the reduced need for internal IS resources because all of the resources will be based out of Vilona and that it takes less time to implement (402). The fifth problem is to outsource all of its IT operations for Reitzel but keep systems development in-house. The best plan has to be put in process in order to achieve the revenue targets. It does not seem right to only outsource some of IT’s operations while leaving some systems in-house. The appropriate long term solution is to outsource in order to accomplish their goals and have the best IT support. ABC Corporation seems to be very outstanding in providing that support that Schaeffer has mentioned in their RFP. Even though ABC Corporation seems like the perfect choice, Schaeffer should investigate ABC Corporation more with references from other corporations/firms who have used ABC Corporation before signing onto a contract (396). Schaeffer can ask all their vendors to provide a reference list as part of the RFP to make the best decision to implement for the outsource project. Schaeffer’s should not have to worry about making changing to this outsourcing decision five years from now so Schaeffer has plenty of time to research their vendors and see which one can provide the wants and needs of the corporation.

Growth vs Development in Ethiopia

Growth vs Development in Ethiopia Part One Growth V/s Development w.r.t Ethiopia and Madhya Pradesh Ethiopia, the second most populous country in Africa, has been exhibiting stupendous and inconceivable set of numbers. With growth rates of double digit, the country is among the fastest growing economies in Africa. Ironically, regardless of its agriculture, mineral and hydrological resources Ethiopia is one of the poorest countries in the world. Irrespective of high economic growth rates, the economic development indicators are yet a matter of concern. HDI as low as 0.4 (HDI report 2014). This dejected story of Ethiopia elucidate that Economic Growth and Economic Development are two contrasting terms. Mercantilism, a school of economic thought, functioned only for the purpose of economic growth by capital accumulation (mainly gold). On the other hand, Physiocracy, another school of economic thought, believed on agro-based growth. These schools of thought did not know the concept of development. Sooner or later, people began to notice that the growth is not beneficial to all. The theory of ‘trickle down approach’ doesn’t seem to have a great impact. The quantity of capital accumulation was not enough to capture the actual increase in the living standard of the people. Hence, the concept of economic development emerged. Several efforts are made to capture development. One of the prominent was HDI, formed by Mehboob Ul Haq and Amartya Sen. These indicators take into account the necessary variables, which upgrade the life of an individual. Several other development indicators were dformed such as Multidimensional Poverty Index (MPI), which brings out the level of d eprivation in the country. General Mier describes development as â€Å"the process whereby the real PCI of a country increases over a long period of time subject to the stipulation that the number below absolute poverty line does not increase and that the distribution of the income does not become more unequal† Part Two Country Profile The Federal Democratic Republic of Ethiopia is located in the horn of Africa. After the civil war against Eritrea, the Ethiopian government went through the following changes as follows: A political transition from totalitarian dictatorship to multiparty democracy. A transition from a socialistic planned economy to a capitalist market economy. This transition was a crucial change in the country. Post 1991, Ethiopia was struggling with its essentials and was yet to set a strong foundation for economic development, which should be the primary goal of every nation. The major issue faced by Ethiopia was: As the country had just come out of a war, health conditions in the country were critical. Malnutrition and starvation was at its peak as resources were used to brace war. Illiteracy rate was as high as 90 percent during 1974 and went down to almost 70 percent in 1991. The government had a vast challenge ahead with respect to education. Poverty headcount ratio at $2 a day (PPP) was as high as 85 percent of the population. (World bank) Inequality in the country was at a constant rise. Gender Inequality Index was at its extreme Conflicts among religious groups In 1990, Ethiopia experienced a population growth of 36.33% and 31.91% in 2010. This has not been the case with the growth in wealth and production. Such unequal growth has lead to a decline in the socio-economic condition in the country. Part Three – Analysis of Economic Growth and Economic Development in Ethiopia Economic Growth Analysis GDP: Health In the least developed countries, such as Ethiopia, health is not only a basic human right but also an urgent prerequisite for broad socio-economic development. Malnutrition and starvation is pre-dominant in the country. Ethiopia faces serious challenges in providing basic nutrition to its citizens. The country is highly depended on the foreign aid for food supply. The problem in nutrition can easily be seen in the Child Mortality and Infant mortality rate. Ethiopia lacks medical infrastructure irrespective of consistent effort by the government. However, in the urban areas, the issue is much better. Rural areas lack access to such facilities, as connectivity to these majors city remains limited. Moreover, the government has failed to provide proper medical infrastructure in the rural areas. As shown in the table above, the IMR (Infant Mortality Rate) and CMR (Child Mortality Rate) have decreased over the period of time, but these level remain unsatisfactory. 80 percent of the deaths are caused due to preventable communicable diseases. The approach of the government to cure rather than preventing diseases is highly criticized. Maximum number of births takes place at home, with very few women delivering at a well-equipped clinic. Lack of nutrition, as the country faces several drought years and famine condition. With an increasing population in the rural areas, the task of the government keeps getting tougher. An average woman in the rural areas gives birth to 6 children. The child mortality rate did decrease but was not swift enough to satisfy the government. Initiatives taken by the government to reduce mortality: Increasing child immunization coverage. The coverage reached to the extent of approximately 84 percent. Providing education to women with respect to becoming a mother. Why has the government failed? The Ethiopian government has been spending on medical infrastructure. It has also been receiving financial aid from western nations to expand and upgrade its medical facilities, but yet the government fails to bring down the IMR and CMR. Observing the procedure of the Ethiopian government, the following conclusion could be derived. According to researchers, the diseases are caused due to lack of clean drinking water, poor sanitation facilities and lack of nutrition. Health conditions of the mother has a huge impact on the child health. In order to have a great impact on the child mortality rate, the government should use the direct attack approach. It should focus on improving access to clean drinking water and solving sanitation issues. Building medical infrastructure is definitely necessary, but is the later part of the stage. If the disease is prevented by providing healthy growth conditions, the root cause of child mortality would be eliminated. Hence, the approach of the government to cure the diseases rather than preventing it with providing clean drinking water and improving sanitation conditions have not allowed economic growth to be converted into economic development. Education To build a strong education foundation for its young people, Ethiopia came up with Education Sector Development Program (ESDP). The implementation of this program started with the expansion of primary education, which resulted in a significant increase in access to primary education. The gross and net enrollment rate has seen a tremendous growth. At the beginning of 1991, the gross enrollment rate in primary schools (grades 1-8) was only 32 percent. This figure rose to as high as 95 percent by 2012. The figures exhibited look stupendous. But the reality looks totally different. Despite such large number of enrollment, the national literacy is still as low as 36% (UNDP) in 2011. Following are the hindrances in converting this economic growth into economic development: While sustaining the successful effort of high enrollment, the country also needs to pay greater attention on improving the quality of primary education. The schools built, especially in rural areas are not adequately equipped. This act as a barrier to a good quality education. One of the reasons could be lack of trained teachers. A sharp drop could be noticed in the period between year 2009 and 2010. (Refer appendix) Several parts of the country do not have proper access to schooling. Several children have to walk miles to for gaining handicapped education. The gender gap in enrollment ratio still persists. Girls are often pulled out of school to get married. Male children are pulled out to help the family work in fields. These are the factors that have created a barrier from converting the growth of high enrollment rate to be converted into an economic development for the country. Poverty By the end of 1991, approximately 45.5 percent of the population was living under poverty. This figure dropped down to 27.8 percent by the end of 2012. Ethiopia has successfully been able to reduce poverty but would definitely want to reduce this figure as much as possible. Ever since a new government was formed in 1995, majority of schemes and policies have been pro-poor. The government has looked at poverty eradication seriously. 80 percent of the population is dependent on agriculture as a source of living. In order to bring out people of poverty, the government needs to generate enough jobs in the country. Migration rates have been high as pay and living conditions are far better. This has led to brain drain in the economy as qualified Ethiopians left the country for self-benefit. The HDI of the country is 0.435, one of the lowest in the economy. The growth story of Ethiopia has been amazing when it comes to numbers. The economy has been posting double-digit growth rates but yet remains one of the poorest countries in the world. The high growth were an indication of inequality rising in the country. The Gini Index is 33.6. Gender Inequality Ethiopia is a patriarchal society that keeps women in a subordinate position. There is a belief that women are docile, submissive, patient, and tolerant of monotonous work and violence, for which culture is used as a justification. Gender disparity are largely seen in primary education enrollment Girls are forced to marry at an early age, against the legal age of marriage. Female Genital Mutilation (FGM) is still practiced in the country. Health of women in the country is critical, particularly of women who are expecting a baby. FGM is also vulnerable to diseases in the long run Women in Ethiopia are suppressed due to social, religious and other reasons. The government has undertaken several policies and program for their betterment. Yet the key issues are not looked upon as follows: Empowering women through access to education as well as providing them with physical and financial resources is crucial to the long-term development of the country. Proper education would help in resource allocation and also adequate decision such a delayed marriage (generally not in the hands of the girl child) Adequate education would also enable the girl child to be an efficient mother as it would gain knowledge with respect to health. International Relation Foreign Aid A free financial aid will always be welcomed, but it also does have consequences if not used wisely. The challenges that an economy faces in receiving financial aid are as follows: Investment in favor of greater/mass consumption. With such large amount of money entering the economy, these cash flows are highly inflationary. As the aid comes in the form of foreign currency, this appreciates the value of local currency, making export more expensive in the international market. (Ethiopia highly depends on its export of coffee) Aid increases inflation, which leads to even more poverty and unemployment. To support this issue, the government asks for more aid which keeps on concentrating the issue. However, there are benefits of aid seen in the country. The government has been able to implement several of its policies with the help of such aid. A recently built highway to the capital, or be it the controversial dam in construction; the aid has contributed significantly to the nation. These aids also come as the rescue to the Ethiopians in situations of drought and famine. Foreign Direct Investment Due to lack of local investors, Ethiopia had to look for foreign investments. The Ethiopian government has not opened up the economy in all sectors as the banking system is still with the local authorities. FDI has become a major aspect of globalization. The major investment is seen in the land-leasing scheme launched by the government. The Ethiopian government has given out large part of lands to foreign companies in lease for agricultural purposes, without any restriction on the agricultural produce. Approximately as large as 6,00,000 hectares of land has been leased out to foreign companies Locals are being displaced in order to meet the requirements of these investors. Displaced locals are finding it difficult to sustain living. The benefits of these schemes are as follows: The foreign investors have brought in latest technology for agriculture, which the Ethiopians lacked. People were hired to work on the leased lands generating employment. The objective behind this scheme look relevant, however, the investors have exploited the scheme heavily and the government seems to have no control over it. Moreover, the scheme allows these investors to lease the land for really long periods, which wasn’t necessary. A shorter duration would have had the same impact to the economy. Also to make the scheme more citizens friendly, the government should’ve come up with better displacing techniques and improving the condition of living. The land-leasing scheme has increased the exports of the country as the investors export the produce to get better price than the local markets. This growth on the other hand has impacted the HDI of the economy as displaced population is facing serious issues. Several people have already fled away to neighboring countries as the government is leasing of land without consent. Bibliography Ethiopia Country Report- BTI 2014 Global Financial Crisis Discussion Series, Ethiopia Phase 2- Overseas Development Institute The Political Economy of Growth in Ethiopia, Chapter 4 of volume 2,-Alemayehu Geda Millennium Development Goal Report of Ethiopia- UNDP report Ethiopia Country Data-World Bank Appendix

Sexual Frustration in Alfred Hitchcocks Rope Essay -- Rope Film Analys

On May 21, 1924, two highly intelligent university scholars from Chicago, Richard Loeb and Nathan Leopold, executed their highly-calculated plan for the cold-blooded murder of a distant relative of Loebπs, 14-year old Bobby Franks. As students of Nietzscheπs philosophy, Loeb and Leopold had set out to commit the ≥perfect murder≤ in order to actualize the belief that they were of an elite group, superior to the common man, to whom the standard moral code did not apply. So infamous is the story of their murder and eventual detainment that it has become entrenched in American popular culture, with numerous books and films aspiring to recreate it in vivid detail. Amongst these, Alfred Hitchcockπs Rope (1948) stands out as an exemplary achievement both in its cinematic technique as well as its carefully executed plot, which exposes the psychological decomposition of the two murderers as their deed is gradually discovered. However, the aspect of the r eal case that is not explicitly addressed in the film as a result of the censorship codes at the time, but one of the primary reasons that Hitchcock was initially attracted to the project, is the homosexuality of the two young men, a factor which becomes pivotal to a Freudian interpretation of the film. It is the shifting and complicated dynamic between their aggression and, more fundamentally, their frustrated homosexual desires which explains the depravity of their actions. Strewn throughout Rope are many indications that underlying the ostensible story of a murder are unfulfilled homosexual desires of such an intensity that the dialogue and actions of Brandon and Phillip, the names of the two murderers in the film, unintentionally ... ...oing so without danger. If the loss is not compensated for economically, one can be certain that serious disorders will ensue≤ (742). Because society prevented them from gratifying their erotic instincts, the boys had to find other means of maintaining their psychic equilibrium, which, in their case, brought with it only deadly results. References: Freud, Sigmund. "Civilizations and Its Discontents." The Freud Reader. Ed. Peter Gay. New York: W.W. Norton & Company, Inc., 1989. Linder, Douglas O. ≥The Leopold and Loeb Trial: A Brief Account.≤ Famous American Trials. 1997. November 2, 2004. Rope. Dir. Alfred Hitchcock. Perfs. James Stewart, Rupert Cadell, John Dall. Videocassette. Warner Brothers & Transatlantic Pictures, 1948.

Social Traditions in Medea, The Piano, and The Age of Innocence Essay

Social Traditions in Medea, The Piano, and The Age of Innocence Traditions demonstrate a set of social norms that have been followed and adapted to for an elongated amount of time. In each of the plots, Medea, The Piano, and The Age of Innocence, the standard set by society was broken and the consequences imposed took form in varying degrees and shapes of violence. Whether it was outright murder as in Medea, or a more subtle but intense struggle as in The Age of Innocence, these consequences serve as the community's opinion of this breach of its expectations for its members. All societies have many traditions set up, and each of the characters in the books either plays the role of someone who helps to uphold these traditions by following them and imposing consequences on those who don't, or someone who disregards tradition and attempts to point out its pitfalls and shortcomings in modern society. The first role, the person who reinforces tradition, is generally someone who refuses to think outside the box, or does not like the product of going against the tide. This person is comfortable with the way that society has set itself up as far as social norms and expectations. Edith Wharton's character of Newland Archer describes May Welland's innocence as a "helpless and timorous girlhood...she dropped back into the usual, as a too adventurous child takes refuge in its mother's arms." (Wharton 123) May Welland and her family are quite content living within the boundaries that New York society has erected for them, and they fear the changes and consequenc es of acting otherwise. The adventurous spirit of Newland Archer is dangerous to their precious social norms and unwritten rules for how to conduct oneself in society. Howev... ... when his son learns a story of his relations with Ellen and speaks to him about it many years after (Wharton 41). The lesson that he learns is that society is very concerned with the affairs of its members and even his wife had heard the rumors about the two cousins. While May was busy upholding her traditional role as faithful wife, she also was acting within social norms and ignoring his infatuation with her cousin Ellen, and allowing a facade of a strong marriage to continue. The violence presented in this book, while not as obvious as that in The Piano or Medea, is no less intense. May's innocent look but underlying manipulation of Archer's feelings towards her and his feelings of obligation demonstrate a great struggle between the "innocent" May Welland who looks "blankly at blankness" and the "fiery beauty" of Ellen, and both of their desires for Archer.

Lago, The Plotter Essay -- Literary Analysis

Othello is a steadfast leader that the reader finds him or herself wanting to be more like. His experiences are unparalleled and that’s what makes him such a popular leader. He has seen many battles and fought many fights; his stories are legendary among those who revere him. In our day he would be the man every man wants to be like and the man every woman wants, but even those who are revered have enemies. If this were not the case then there would be no means for him to have become so revered. In overcoming so many obstacles Othello made a most convincing enemy. In this article we will explore Iago’s dark secrets and expose and examine what makes him such a great villain. William Shakespeare used various literary devices such as characterization, metaphors, irony, and symbols to portray Iago as a cunning villain. Shakespeare’s acute use of characterization sets a great opposition between the protagonist and the antagonist. Iago, Shakespeare’s villain, is quite the opposite as our protagonist Othello. Upon being confronted, swords drawn, Othello says, â€Å"Keep up your bright swords, for the dew will rust them. Good Signior, you shall more command with years than with your weapons.† Othello’s sense of diplomacy set him apart as a distinguished gentleman before a soldier. Telling the soldiers to lower their swords eases the tension and creates for an opening to a peaceful solution. To further demonstrate Othello’s devotion to diplomacy he asks Barbantio, â€Å"Where will you that I go to answer this your charge?† When Barbantio answers, â€Å"To prison,† Othello complies by saying, â€Å"What if I obey? How may the duke be therewith satisfied?† (Shakespeare 16) These are just a few examples of Othello’s obedience and how his act ions distinguish ... ...gonism. Characterization was used to emphasize Othello’s gentlemen like nature and noble soldier status, while to the contrary, Iago’s actions defined him as a conniving saboteur. These differences create a tension that stresses the good in our protagonist and the bad in our antagonist. Metaphors were used by Iago that showed his manipulative pattern of malice. A subtle placement of irony extenuates our negative perceptions of Iago. Symbolism was a crucial role in Othello, this may have been the crown jewel of literary devices used to demonstrate that Iago was a great villain in the play Othello. Symbolism was the device that this whole play hinged on. Were it not for the handkerchief and the inherent symbolism Othello would have played out very differently. Works Cited Shakespeare, William. Othello. Dehli, 2007. David O. Mckay Library. Web. 18 Jan. 2012.

Contract Acceptance and Offer

Q1. Understanding the concept of contract is the important thing in answering this question. † A contract may be defined as an agreement between two or more parties that is intended to be legally binding†. This answer will highlight the main points to see the differences between an offer and an invitation to treat. † An offer may be defined as a statement of willingness to contract on specified terms made with the intention that, if accepted there will arise a binding contract†. On the other side, invitation to treat invites the other people to make an offer which can be accepted or rejected by the other party.To illustrate them we have to look in certain areas. First area is the display of goods where these are seen as an invitation to treat because shops are inviting people to make them an offer which can be accepted or rejected by the shopkeeper. Cases to supports this are Fisher v Bell and Pharmaceutical Society v Boots Chemists. Another area in which the sales of goods are treated as an invitation to treat is advertisement as seen in Partridge v Crittenden. However we have an exception. Case to support this is Carlill v Carbolic where a reward was attached to the advert.This case is treated as an offer because it can be accepted without any future negotiations. Another example where the term of offer is not good valuated we can find in sales of land area. Case to support this is Harvey v Facey where the court decided that between them was not a contract just a confusion regarding to the answer to enquiries, so was not an offer and not an invitation to treat. The last two areas where the court may presume that certain acts are invitation to treat is invitation to tender and auction sales.Cases which support the fact that invitation to tender is an invitation to treat are Spencer v Harding and Harvela Investments v Royal Trust. First case is illustrating that even you use the word offering in the context it doesn’t mean that is an offer. Second case highlights that the highest tender is going to be accepted . In the auction cases supported by Payne v Cave we can see that we can withdrew the highest bid before the acceptance of the auctioneer because at that point is no contract. Q2. According to contract law an â€Å"acceptance is a final and unqualified acceptance of the terms of an offer†.The concept of acceptance can be interpreted in more ways so we’ve got some rules. One of the rules highlights the fact that the acceptance has to match the offer. The person for who was addressed the offer has to accept all the terms of the offer. They can’t introduce new terms because this will be seen as a counter offer. Case to support this is Percy v Archital. A request for information about an offer it can’t be taken in consideration as a counter offer. Case to support this is Stevenson v McLean where the defendant by answering to some enquires was not doing a counter offer.Another imp ortant rule is when we have two parties with different standard terms. Case to support this is Butler Machine v Excell-o-Corp where is illustrated the fact that when an offer is made on a document with standard terms and the acceptance is coming on a document with another terms and we still delivery the item, means that we accept the second party terms. An acceptance is taking to consideration only if is communicated. Case to support this is Felthouse v Bindley where the claimant considered the silence of his nephew as an acceptance.To accept an offer we can follow the methods of acceptance when instantaneous methods of communication are used. In this case the contract takes place when and where the acceptance is received as seen in Entores v Miles Far case. If this is received out of normal office hours then acceptance will be valid from the start of the next working day. Case to support this is Brinkibon v Stahag. The only exception of the rule that acceptance must be communicated is the postal rule. This takes place only when is requested or when is an appropriate and reasonable way of communication between the parties.In this case the acceptance takes place when the letter of acceptance was posted not when was received as seen in Adam v Lindsell case. In case that the letter was sent but it has never arrived is still a valid acceptance. Case to support this is Household Insurance v Grant. Although is an exception of the rule, postal rule will not apply when the letter of acceptance was handed to intermediaries (London and Northern Bank), when the letter is not properly addressed, when the offeror specified that the acceptance must reach to him (Holwell Securities v Hughes) and when is unreasonable to use the post.Q3. Consideration is important element in the formation of a contract. It is usually described as being â€Å"something which represents a benefit for the person who is making a promise or a detriment for the person to whom the promise is made or both† . Case to support this is Currie v Misa. Related to the consideration are certain rules which we have to follow. First rule is that consideration must not be past as seen in Re McArdle case where the court supports the representative of the owner because the occupiers didn’t provide a good consideration.However we have some exception, case of Lampleigh v Braithwaite where the court decided that it can be a past consideration because the promise of payment came after the performance, so consideration was precede by a request which result a valid consideration. Another rule of the consideration is that it must move from the promise. This is seen in Tweddle v Atkinson case where the court decide that third parties can’t provide the consideration, hence is not having any rights from the agreement.An exception to this rule is Contract(Rights of Third Parties) Act 1990 which allows the third party to sue in case that the name it can be identified in the original contract. Case called Thomas v Thomas is one of the cases who is coming to support the rule where the consideration needs to be sufficient but not necessarily economically adequate . Court decided that in this case the rent of one pound which the widow was paying it was a sufficient consideration which is enough to form a contract.The following rule, performance of an existing public duty is not consideration, is seen in Collins v Godefroy case and wants to highlight the fact that if the people have a duty imposed by law to turn up, they have to do it without any promise of remuneration from the client because this is not consideration. However, we’ve got an exception Glasbrook v Glamorgan case where the statutory duty of the police was not sufficient consideration; they had gone beyond their existing duty. â€Å"Performance of an existing contractual duty is not consideration† it can be seen from different points of view.In the first case, Stilk v Myrick the fact tha t 2 mean deserted is not a good consideration in order to change the contract. However the case called Hartley v Ponsonby is different because 19 people deserted, which is more than half of the total sailors, hence a valid consideration, so the offer of Ponsonby and the acceptance of the crew can be considered a new contract. The next case, Williams v Roffey Brothers is coming with a different point of view because the benefit of not paying the penalty is seen as a consideration.The following case which I will present is about part payment of a debt. Case to support this is Pinnel v Cole where court decided that the payment of a small amount of money from the whole is not a satisfaction for the money lender, therefore the agreement to receive some money at the due date was not a contract because was no consideration. However we’ve got the case of Hirachand v Temple as an exception because the existing duty to make a payment was owned by a third party, hence was a good conside ration.The last part is about the equitable rule of promissory estoppel which â€Å"allows a contract to be enforced even through there is no consideration† as seen in Hughes v Metropolitan Railway case where the tenant was following what he promise but the landlord was enforcing his rights. This case was revised later in London Property v High Trees. Based on the facts that there is a promise that existing legal rights will not be enforced, there is an existing contract and the injured party relied on that promise, Lord Denning stated that the â€Å"Landlord was â€Å"estopped† from going back on his promise†.

Examine The Sociological Views

There have been many changes in society that have affected children over the last 50 years, however there are several different sociological views on whether these changes have been beneficial to children or not. Functionalist sociologists have the ‘march of progress’ view, as they believe that the experience of childhood has massively improved over the last 50 years. They believe that society is more child-centred today than ever before.The introduction of contraception has led to couples having smaller families, therefore meaning that children now tend to receive more attention from their parents. Similarly, parents are also able to care for their children better due to the introduction of the welfare state and child benefits. Climbie’s case and ‘Every Child Matters’ has led to the improvement of social services and child protection, meaning childhood is much safer now than it was 50 years ago.Children are also in better health due to the NHS, meani ng more children survive childhood now than ever before. All children can now receive state education up until the age of 18, meaning they are better educated and can achieve much higher in adulthood, whilst experiencing a longer period of youth. All of these changes have improved the experience of childhood and cause Functionalists to believe that things are getting better. However, Marxist and Feminist sociologists disagree, claiming that the march of progress view is too positive.They believe that a child’s experience of childhood depends on their class, ethnicity and gender, and that Functionalists overlook the inequalities between these factors. This is called the ‘conflict’ view. Class has an effect on childhood as generally if a family is poor, the children are more likely to have a poor upbringing. Ethnicity is found to have an effect as Asian parents have been found to be much stricter on their kids.

Medical School and Pediatrician Essay

Many job opportunities are available in different types of careers. Pediatricians like children and science; they help take care of sick patients. Becoming a pediatrician requires a lot of schooling and training; it involves many different skills for every day work. The salary of a pediatrician varies on the amount of education and on the skill level. There are many job opportunities in this profession; it is most likely to increase with openings. A pediatrician requires a generous amount of education after high school. The minimum education required to become a pediatrician is 4 years of college, 4 years or medical school, and 3 years of residency(YourPediatrician. com 1. ) The basics that most medical schools recommend are Biology; 1 course of genetics, 1 course of microbiology, and 1 course of molecular biology(2. ) Also, Chemistry, 1 -2 courses of organic chemistry, Physics, I course is basic, and Math 2 courses in calculus (2. ) A good way to get into colleges and medical schools is to have a lot of volunteer work on the applications, colleges love to see people are getting involved with your community and getting hands on training (Prerequisites for Becoming a Pediatrician 2. ) It may take a lot of schooling and be very time consuming to become a pediatrician but it defiantly pays off. Pediatricians need to have many different skills and talents. To be a successful pediatrician they need to have a strong love for children and a lot of patience (Prerequisites for Becoming a Pediatrician 1. )Children respond best to people who care about them (1. ) Students must get hands-on training and care for children with illness and their unique problems (1. ) They need to be exposed to a hospital setting as well as an office setting and be familiar with critical care issues (1. ) Some other major skills needed is to be able to instruct people on what to do, coordinating and using scientific rules to and methods to solve problems(California Career Zone 2. ) Being a pediatrician is a hard thing to do, not just talking about the education but about all the skills and experience needed.

Man On The Moon Essay Essay

In the 1900’s space flight was just a topic of the future. But on June 20th, 1969 the US successfully landed a crew of men on the surface of the moon. The moon landing, Apollo 11 is considered one of the greatest accomplishments in the history of mankind. The purpose of the moon mission was to beat the Soviet Union in the space race which president at the time, John F. Kennedy made sure of. With the Soviets attempting to reach the moon USA’s finest scientists got together and through NASA accomplished this amazing achievement. To many the moon landing may not seem like a great accomplishment but in all reality it was the beginning of a whole new era of technology that allowed us to be one step closer to future technology. (www.space.com / Apollo 11 First Men on the Moon) The US was the first to ever send a man to the moon and bring him back successfully, but what really triggered the â€Å"Space War† was the fact that Soviets had already sent 2 spaceships in space and one which landed on the moon, 10 years prior to Apollo 11. While the war with the Soviets was still happening and talk of nuclear warfare was being tossed around American leaders wanted to show the world what they could do. The United States were trailing the Soviets in space developments and Cold War-era America allowed JFK to attempt his proposal of landing a man on the moon. It took a team of NASA scientists and engineers 5 years to test the first unmanned Apollo mission. (www.historyplace.com / Apollo 11) January 1967, NASA was in testing of their 7th Apollo mission, Apollo 7. This mission ended tragically when a fire broke out during a manned launch test that killed three astronauts. Although the Apollo 7 tragedy was a setback NASA still fought on and in October of 1968 they launched the first manned mission, which orbited Earth. After Apollo 7 there were another three manned missions to test all the technology needed for the lunar landing. Finally, 9 years after JFK’s proposal Apollo 11 was ready for launch. The crew of astronauts on this mission was, Neil Armstrong, Buzz Aldrin and Michael Collins. Once the space shuttle took off it traveled 240,000 miles in 72 hours. The men orbited around the moon for a day and then Armstrong and Aldrin got into the lunar module named â€Å"Eagle† and began their decent to the surface of the moon. Once on the surface Armstrong radioed back to NASA saying a famous message, â€Å"The  Eagle has landed.† With millions of people listening to the Lunar Mission, Armstrong began his decent out of the lunar module and spoke his famous quote, â€Å"That’s one small step for a man, one giant leap for mankind.† After collecting moon rocks and taking photos of the moon, also planting the American flag the astronauts mission was complete. The mission was a success and the men traveled back to Earth. USA had successfully landed a man on the moon and returned h im safely, beating the Soviets in the Space Race. (www.Nasa.gov / Apollo 11 Mission) Of course the moon landing did not help defeat the USA’s enemies in the war but what it did do was bring a new belief to all Americans and also the world. What the moon landing did was set off a new era of technology, which would help in all aspects of life or study in the following years to come. The astronauts brought back moons rocks which scientist studied and gave them never before seen data about our moon. Also this moon landing showed the world the real potential of man and that anything is possible with hard work and belief. The moon landing was literally turning science fiction into reality and also giving Americans something to feel proud about. It made men like Neil Armstrong and Buzz Aldrin legends in their own time being the first men to ever walk on the moon and setting a very high bar for all other competitors. America finally showed its worth against the Soviets and proved that one of the most famous presidents (Kennedy) was right for believing in America. (www .archive.wired.com / 10 Reasons Apollo 11 Was Awesome) When talking about an event that has changed humanity one topic for sure has to be the Apollo 11 moon landing. It did not only advance technology but also helped change the world. With millions of people tuning in for the mission all over the world people were being amazed with what was being accomplished. Even after all these years it is still an amazing feeling knowing that we as humans have advanced our technology so much to the point where we can not only leave our own planet but also return. I believe you don’t have to be a science nerd to appreciate Apollo 11, because it was not meant for just a certain type of person it was meant to touch everyone’s hearts in someway and give them new standards in life.

Reflective Essay, Scottish Higher Grade English Essay

The Mistreatment is of Animals - Essay Example My first impressions were reserved, as I attributed such differences in behavior to their nature as animals. However, reason quickly turned into apprehension when I realized why they were located discreetly; they were separated in order to avoid possible skirmishes with other dogs. We were told that these dogs were so badly treated by their previous owners that they could not be reintegrated into a normal family home due to their antisocial behaviors. At that point, the whimpering of a small brown dog caught my attention. Witnessing it cower in the corner in its malnourished state immediately aroused a sense of compassion within me. When we were told that the scars on its back were caused by the previous owners extinguishing their cigarettes on its back, a sense of helpless rage momentarily filled me up inside. It only heightened my degree of compassion for the animals. We moved on, taking notes as to which dogs might make for suitable pets. I had a particular interest in a black and white cross breed that appeared visibly sad in its caged state. I was subsequently told by the RSPCA advisors that this dog was not suitable to go into a home environment that had children as a result of mistreatment by the previous owner. The news sent a wave of shame and disgust up my spine for the cruelty of those responsible. I embarrassingly moved on to my next choice, which was a small white dog with black flashes. This dog was deemed suitable and was brought by a handler to the walk area. It was noticeably unhappy in the environment, barking at every dog it passed; this dog clearly had spirit but, having heard the severity of mistreatments, I had reservations regarding its aggression. When brought into the large meeting area, the dog proceeded to sprint two laps of the area and only then came to meet us.   Ã‚  

In septic patients does the use of Etomidate as an induction agent for Essay

In septic patients does the use of Etomidate as an induction agent for endotracheal intubation increases mortality - Essay Example Rapid sequence intubation is the preferred method of intubation in the emergency and trauma units because it carries a decreased risk of patient aspiration and vomiting (Lafferty & Kunkarni, 2008). To facilitate induction, anaesthetic agents like etomidate or midazolam are used. However, practitioners and experts acknowledge that anaesthesia use for intubation and ventilation is hazardous and poorly tolerated in critically ill patients (Mccormick, 2006, p. 1). Mccormick (2006, p. 1) recommends that a trained anaesthetist should be present when this procedure is undertaken. Hypotension is one of the adverse effects that can manifest after induction, hence, the needed presence of the anaesthetist at this stage of the procedure. However, literature on the use of etomidate as an induction agent has been rendered controversial. Bridgewater (n.d, p. 2) claims that this controversy mainly stems from the fact that etomidate actually causes adrenal suppression. Other studies have yet to subst antially prove or disprove the merits of etomidate use in septic patients. Hence, this study is now being undertaken in order to assess the current researches on this subject in the hope of coming up with an academic and evidence-based resolution to this controversy. Data was gathered for this paper in different databases through electronic and library catalogue searches. The MEDLINE electronic database was assessed through the Google search engine. Catalogue searches included ‘anaesthesia etomidate’ and ‘septic patients etomidate’. Index searches of books included the following keywords: ‘etomidate’ and ‘septic patients’. Electronic searches through the Google search engine used the words ‘etomidate induction septic patients’. In order to further specify searches, the words ‘etomidate mortality risk’ and ‘rapid sequence intubation’ were added in. Websites for the Cochrane Library and the

Operations Management - Just in Time and Material Resource Planning Essay

Operations Management - Just in Time and Material Resource Planning - Essay Example Let's look at an example of 2 Motorcycle manufacturers. The end product in this case is the motorcycle while the inventory required could vary from engine, engine components, wheel etc to nuts, bolts and spares. Manufacturer 1 stocks up inventory for all spares and components because he believes customer service could be better optimized with constant supply of materials. Accordingly, his relative requirement for working capital increases as he needs to invest more in procurement and storage of the components. Not having enough capital to invest, he also borrows capital and ends up paying interest for this purpose increasing his cost. Indeed he would in the this scenario like to pass o the burden to the consumer thereby scaling up the price of his product to cover his cost and still maintain his profit margin. To the contrary, Manufacturer 2 follows Just in Time inventory management system. He maintains excellent terms with his suppliers that they would as and when required immediately supply him with components required for his end product. Accordingly, his relative requirement for working capital is almost negligible as he does not have the requirement to block his capital for procurement and storage of the components.

240 Essay Example | Topics and Well Written Essays - 750 words

240 - Essay Example George needed his son to aid him construct a new house during the summer. However, due to their strained relationship, Sam makes it his mission not to aid his father with the house’s construction George presents himself badly to his neighbours. For instance, during the first scenes, George is shown peeing into the ocean. Subsequently Alyssa and her mom Coleen see him naked. Consequently, Coleen gets mad or angry and goes to inform him that she (Coleen) does not like it when George pees in front of her daughter. Sam had an inadequate or wanting self-concept and identity. However, George considered himself to be an architectural models fabricator who is excellent at his work. Initially, George and Sam present themselves to other people poorly. Sam for instance is a drug addict who tries to be a male prostitute. This image portrays them negatively to other people. In the movie life house, George, Sam, peter and robin had poor communication skills. As such, they communicated poorly with one another. Undoubtedly, good communication is an essential element for any relationship to be successful. Poor communication led to George and robin breaking up. Additionally, the same element of poor communication led peter and robin to grow apart while Sam despised them all. Therefore, the barriers to communication between George and his Sam were many. First, distance acted as the primary barrier to effective communication. Sam and his father George were separated and lived in different areas. For instance, Sam lived with his mother and stepfather while his father lived alone. Distance made them to communicate or interact less often. Secondly, attitudinal barriers prevented Sam form interacting with his father. Attitudinal barriers are as a result of the receiver of the message letting his or her attitude get in the way of the message (Bolton 2009). Attitud inal barriers can also be simply explained as an unwillingness to communicate. For instance, Sam

Myths, Misconceptions, and Fears Assignment Example | Topics and Well Written Essays - 250 words

Myths, Misconceptions, and Fears - Assignment Example That is, many are those who have had the fear that using hypnosis will lead to permanent criminal and immoral conduct in patients. But this is a fear that can clearly not be substantiated because hypnosis is known to be a therapy that has a moderation of service, compassing its implementation for only temporary situations and not permanent basis (Husky, 2011). In the application and usage of hypnosis as a complementary and alternative medicine, there are some biases that are often complained of by researchers. This bias has to do with the kind of revelations that people undergoing hypnosis are made to reveal about their lives. The commonest form of argument has been that people are made only to reveal the deepest darkest secrets of their lives, exposing them to public ridicule. But this situation has been explained by Cuellar (2006), explaining that hypnosis that is done as showbiz must be differentiated from those that are done on a clinical medicinal basis. Finally, the use of hypnosis would be contraindicated in patients who show excess aggression and characteristic chaos when exposed to the method. The reason for this is that such people have wrong reactions toward the process and if not withdrawn from may bring about unexpected consequences and side

Religious Skepticism in the Poetry of Thomas Hardy Essay

Religious Skepticism in the Poetry of Thomas Hardy - Essay Example The two poems previously mentioned prove to be excellent examples for this discussion. The point of views used in both of these poems are carefully crafted to induce a sense of proximity in the reader. The choice of first person in "Hap" immediately forces the reader to identify with the narrator. Moreover, the only other personalities listed are "some vengeful god" (1) or "Doomsters" (13), either of which is decidedly adverse characters, thereby strengthening the reader's empathy with the narrator's sense of torment. "The Convergence of the Twain," however, instead uses a limited third person point of view, thus describing all of the imagery from a distant detached perspective. Above water, this would be described as a bird's eye point of view; beneath the water, it must be viewed from the eye of a fish. Not only its depth below the waterline then distances the scene, but also the alien logic of the animal mind. Considering the religious overtones involved, there are also allusions to the miracle of fish multiplying of the masses to eat: yet here the people are lost, the fish is never caught, and perhaps, by inference, there is no Savior present. For the point of view is only a method by which Hardy discusses his themes of religious skepticism. H... sorrow would be easier to accept were it known to be directly stemming from divine displeasure, "that a Powerfuller than I / Had willed and meted me the tears I shed." (7-8). But the turn of thought, or "volta", in the poem declares it not so. Faith has been tainted by Reason and Logic. The process of scientific observation demands causality, a means of cause and effect, and the only credible source is what can be observed and repeated. If such is the case, then the narrator realizes he is just as likely to experience happiness as sorrow; if only the "Doomsters" (13), who are partially blind to the possibility of happiness, would stop drawing his attention to the pain in Life. The distance provided in "The Convergence of the Twain" implies a more questioning approach to the wreck of the Titanic. The "Pride of Life" (3) lies now at the bottom of the ocean, its riches covered in sea-worms and darkness. An iceberg designed by an "Immanent Will" (18) sank this ship, a symbol of mankind's industriousness and intelligence. On the surface, this would seem to imply a begrudging admission of faith from Hardy. But given his history of religious skepticism, other interpretations prove more applicable. For the ship and iceberg represent Science and Religion, the result of their crashing together can only be the sinking of mankind's faith. This loss is what truly "jars two hemispheres." (33) being both the Earthly and the Heavenly spheres. For Hardy rarely intends the reader to take his words at face value, but rather to impart some comment through the symbolic archetypes available through psychoanalysis. Because Hardy instills every aspect of his poems with multiple levels, even his form of writing must be examined. For whether Hardy concedes the pattern of a Great

Environmental Law Essay Example | Topics and Well Written Essays - 2500 words

Environmental Law - Essay Example As per RCEP ( Royal Commission on Environmental Pollution) , pollution is one, which has been introduced by human being into the environment of energy or substances, which is responsible to create an injury to health of human beings , hazards to ecological systems and living resources , harm to amenity , structure or interference with the lawful uses of the atmosphere2. Pollution is related with harms to health of humans, plants, property, habitats, animals and ecological structure. Pollution is not limited to the effect of chemical materials either on the environment or on human beings3. If chemical energy or substances are released into environment unauthorisedly, it would be tantamount to pollution under the environmental law. Thus, pollution can happen in the following ways. If a person or a legal person (company) releases energy or chemicals into the atmosphere in violation of its licence stipulations; If a person or a legal person (company) releases energy or chemicals into the atmosphere without obtaining any valid licence4. As per Keith Hawkins, pollution is a conception by the administration, and the regulator manages the issue of licenses, and it is having authority to decide, which discharge tantamount to pollution and if the discharge surpasses the licence conditions, then, that will be regarded as unlawful5. Offences under UK environmental laws fall under strict liability offences, and thus it minimises the onus on the prosecutor, and the defendant has to prove that there has been no infringement from his side to escape from the offence. In the early nineteenth century, when it was found that enforcement officials were lacking capability to assess the internal intricacies of business operations, the strict liability is introduced for environmental offences6. In UK, the environmental offences will fall under the category of strict liability offence. One of the salient features of strict liability offence is that it facilitates the prosecutor to puni sh a company for any environmental offences where the infringement was due to inaction or action of its employees, or due to failures of mechanical systems or other equipments7. In UK, there are about twenty-five environmental statutes specifically provide for initiating action against officers with regard to about 175 separate punishable offences under UK’s environmental law ,which may be perpetrated by the companies. For instance, the National Rivers Authority can recoup reasonable costs of mitigating or remedying pollution in groundwater or surface from the persons who have knowingly permitted or caused the threatened pollution or the pollution. The Environment Act 1995 authorises the costs to be recouped from the â€Å"appropriate persons† who have permitted or caused such pollution. Thus, the term â€Å"persons† include of course both the officers and the directors of the company8. Oil and Gas production and exploration is to adhere to its own environmental regulations. Environmental safeguard provisions are introduced in the exploration and development licences itself under s.4 of the Act9. Oil pollutions offences like releasing of oil mixture or oil into territorial waters of UK is a punishable crime under the above Act10. For instance, the US Environmental Protection Agency levies administrative penalties whereas the Department of Justice award criminal punishments for the most serious infringement. Likewise, under German laws,