Education is not the only key to success Essay

Most groups use some form of parliamentary procedure for their meetings. This Factsheet not only briefly explains proper parliamentary procedure for more formal meetings, but also describes acceptable alternatives for decision-making in smaller groups. Rules For Meetings Just as the object of a game gives direction to its players, traditional principles of a democratic meeting guide group members when they gather: 1. Every member has rights equal to every other member. 2. The will of the majority must be carried out. 3. The minority must be heard, and its rights protected. Only one topic will be considered at a time. In order to play a particular game, certain rules for that game must be followed. â€Å"Parliamentary procedure† is a set of rules for meetings which ensures that the traditional principles of equality, harmony and efficiency are kept. Robert’s Rules of Order, the best-known description of standard parliamentary procedure, is used by many different organizations as their rule book for conducting effective meetings. The Problem With Rules The saying â€Å"Rules are meant to be broken †¦ † implies that no rules are perfect. The parliamentary rules used in government provide guidance for a body of hundreds of people meeting daily for months with a great volume of business to conduct. These same rules are not appropriate for all organizations. How rigid are your meetings? Does too much technical procedure (motions, amendments, seconding, etc. ) get in the way of effective decision-making and total group discussion? Too much formality in a meeting will frustrate and discourage members when the proceedings â€Å"bog down†. Parliamentary rules for meetings are intended to help the group conduct its business (fairly and efficiently), not hinder it! There are many effective ways for a group to conduct its meetings. Technical procedure, however, should be discouraged in the average group meeting. Every organization should examine standard parliamentary rules, then interpret and adapt them to its own use. If group members agree that the rules they’ve developed permit a majority to accomplish the organization’s ultimate purpose within a reasonable period of time, while allowing the minority a reasonable opportunity to express its views, then those rules are appropriate. Rules For Small Group Meetings? Meeting procedures for committees, executives and most boards can be much different than those for larger gatherings. Certain formalities are unnecessary when the group size is less than about a dozen members. For example: 1. There is no limit to the number of times a member may speak to an issue. 2. It is not necessary to address the chair before speaking. 3. The chair needn’t leave that post in order to speak, make motions or vote. (In fact, he or she may well be the most active participant in discussions and work of the committee. ) 4. Motions need not be seconded. 5. Action can be taken, at times, without the introduction of a motion. If, however, a small group using these â€Å"relaxed† rules discovers that any one of the four basic meeting principles is being abused, then more formal procedures may be reintroduced to the meeting. Parliamentary Procedure At A Glance If your group follows parliamentary procedure â€Å"by the book†, the occasional technical question might be asked. 1. What is the proper sequence of steps in having a motion voted on? A motion has nine possible steps: Moved – a proposal from the floor. Seconded – another member feels the proposal is worth discussing. Stated – by the chair or secretary. Wording is recorded properly and everyone understands the intent of the proposal. Discussed – every speaker addresses the chair and must speak only to the motion. Usually, each member may speak only once to a motion except the mover who has first and last chance to speak. Amended – changing the wording of the motion by: adding or deleting words replacing with different words. – each amendment has the same 9 steps as a motion. Called – after sufficient discussion, either a motion to end debate or a vote is called at the discretion of the chair. Restated – ensures everyone understands what is being voted on. Voted – chair calls each option: â€Å"All in favour? â€Å", â€Å"Opposed? † or â€Å"Abstaining? † Declared – results of the vote are announced by the chair. 2. Can the intent of the main motion be changed by an amendment? Yes; the main motion may be changed, contrary to the intent of its movers. Only two criteria govern the use of an amendment: An amendment may not convert a motion to its direct negative; and An amendment must be pertinent to the topic in the main motion. E. g. , a motion â€Å"to purchase a new typewriter for the secretary† may not have â€Å"and to pay the expenses of delegates to the annual meeting† added to it. This amendment clearly has no relationship with the secretary’s need for new equipment. 3. How many amendments can be made to a motion? There are only two kinds of amendments: those pertaining to the proposed motion called â€Å"first rank†; and those pertaining to a proposed amendment called â€Å"second rank† (amendment to the amendment). Only one amendment of each rank may be on the floor at one time. Any number of amendments may be made to most motions, but no â€Å"second rank† amendments may be amended (i. e. , an amendment to the amendment to the amendment is not allowed! ). 4. How can a meeting start without a quorum? A quorum is the minimum number of eligible voters that must be present at a meeting to conduct business. This number is designated in the by-laws of the organization and for a board is usually half the voting members plus one. If no quorum is present when the advertised hour of the meeting has been reached, then: the presiding officer may dismiss the group (after setting a time for future meeting); or the group may agree to proceed informally with the agenda, awaiting ratification of any decisions at a future meeting; or the group may discuss any items of interest but make no decisions. 5. How can our constitution be amended? A good constitution contains provisions for amendment, so the structure and procedures can continually meet the changing needs and purposes of the group. Usually, a special committee is appointed to review the group’s objectives, structure, functions, etc. Copies of its report and recommendations are circulated to all members with the required notice and agenda for the meeting (often the organization’s annual meeting). Any amendments proposed during discussion at the meeting require a majority vote for approval, but the motion to amend the constitution needs a two-thirds majority vote for adoption. Who is the presiding officer at meetings? Often the president is designated in the constitution or by-laws to chair the organization’s meetings. In many groups, however, the chair is assigned to the past-president, special moderator, or to a different person each time on a rotating basis. This allows the president to take a lead in debates on policy rather than maintain a position of â€Å"supposed† neutrality which is directly contrary to his or her usual role as spokesperson for the group. 7. After considerable debate, we still are not ready to vote on the motion. What can we do? A motion to postpone the matter until the next meeting may be in order, so that more information can be gathered. A motion to postpone temporarily (to table) allows a motion to be set aside until later in the meeting, allowing more urgent business to be dealt with, permitting amendments to be drafted, or allowing time for implications of the motion to be checked. A motion to take from the table brings it back before the meeting. The motion may be withdrawn at the request of its mover, but only if no member present objects. 8. What happens when someone yells â€Å"Question! From the floor indicates that he or she wants the motion put to a vote. Only if the chair feels that the motion has had reasonable debate and most members are ready to vote, can he or she call the question (i. e. , â€Å"All those in favour? â€Å", etc. ). Another way to close discussion on a motion is for someone to make a motion to call for a vote. This motion must be seconded and requires a two-thirds majority vote in order to proceed with a vote on the motion on the floor. 9. How should a committee report be accepted by an organization? A motion to â€Å"receive† the report means that the organization is not committed to any of the conclusions or recommendations contained in it. (An example of such a report would be the monthly, unaudited treasurer’s report. ) A motion to â€Å"adopt† the report in whole or in part commits the organization to some or all of the recommendations of the report, and often implies some action to be taken. 10 Sometimes while one motion is being considered, an alternative motion might be the better one. How can it be presented? 1. The movers request permission from the presiding officer to read out the alternative motion. The movers of the original motion are asked if they will withdraw their motion, with the unanimous consent of the meeting. 3. If the original motion is withdrawn, then the alternative motion is moved. 4. If the original motion is not withdrawn, then the movers of the alternative motion inform the meeting that their motion will be moved if the original is defeated. They thus urge the members to vote against the original motion. | Top of Page | Consensus: Another Method Of Decision-Making In Groups How many meetings does your group hold in a year to discuss issues or problems? How much time is spent in each regular meeting making decisions or solving problems? Does the discussion end with a proposal for action? One rule in parliamentary procedure that can hamper a free and easy exchange of ideas is: â€Å"Discussion can take place only after a motion is proposed†. In fact, a motion is a proposed course of action, a solution to a problem, or a decision. By focusing the group’s attention on a solution before realizing the scope of the problem, the group may be voting on something that is entirely inappropriate. Is the â€Å"cart before the horse†? A simple method of ensuring an effective group decision is to build a motion through consensus. This method eliminates a complicated amendment procedure after an initial motion has been proposed. It also ensures that a large majority will agree with the motion rather than the mere 51% required by a typical voting procedure. The following process can be used throughout the meeting for every problem the group needs to discuss. Step 1. Describe the issue or problem confronting the group. – State the problem clearly and concisely. If it is complex, then write it out. Step 2. Gather all information relevant to the problem. – All pertinent facts and ideas about the problem need to be heard in order to make a wise decision. – Distinguish between facts and opinions. A decision can often be made right away. However, action may need to be deferred so that additional information can be gathered. Step 3. List all possible solutions or actions. – Explore alternatives. – Be creative. Use brainstorming techniques to generate new ideas, from every member. Step 4. Choose the best possible solution. – Use a process of elimination; refine and combine parts of your list in step 3. Reaching consensus is not always easy. Some individuals become frustrated with the time taken for group decision-making. Also, this method relies on the discretion of the chair who eventually decides when a general agreement or common â€Å"feeling† has been reached. In some situations, if only extremely vocal and confident individuals dare to challenge the majority view, then the minority opinion is in danger of being suppressed. Using consensus, however, can result in higher quality decisions. The complicated rules of parliamentary procedure are reduced while maximum member participation is encouraged. In the end, group decisions lead to group action! Conclusion Whichever method your group chooses to make its decisions or conduct its meetings, the four principles of a democratic meeting must be followed. As more formal procedures are adopted, more complicated rules are followed. There is little reason for any one person to attempt to learn every rule of parliamentary procedure. To know where to find the answers is enough. The following references may help answer any questions not addressed in this Factsheet. References Parliamentary Procedure at a Glance. Jones, O. Garfield.

Gym Goers

Three Categories of Gym-Goers NAU: Composition 1 Three Categories of Gym-Goers People go to the gym to benefit their lifestyles by getting back in shape, right? Most people that go to the gym do not fit into any other category other than â€Å"normal†, meaning that there is nothing specific about them that stick out. Then there are those who definitely stick out with certain qualities you just can’t seem to escape from. There are always different categories gym-goers fall into and they are starting to stand out more and more.The different categories you will find at the gym are; the coach, the loud meathead showoff, and the social butterfly. The first category is â€Å"the coach†. The coach is the guy that thinks he knows everything about anything. Typically these types of people are yelling from across the gym that â€Å"you can do it! † or â€Å"you’re not doing that right† then goes on to tell you the exact steps about the exercise as if y ou wanted their help. These people will have on the best work out clothes and shoes you can get because they think they make you perform better.Right when you think they are gone and have left you alone, there they are right by your side again coaching you through your workout. Nothing is worse than when you are running and someone comes up and tries talking to you, but these people are there telling you that you need to go faster and start nagging on the way that you are running. You might give them dirty looks in the mirror and try to tell them to go away, but you can’t talk or yell at them because you can’t breathe from all the running. The second category is â€Å"the loud meathead showoff†.Many of times these types of gym goers are the people wearing shirts that show off their muscles and always are looking in the mirror flexing. They are constantly screams â€Å"oh yeah! † and grunt very loudly to make sure everyone in the gym hears them to draw att ention. They are the type of people that will go right next to someone while working out making sure they are doing everything ten times better than that person. You see these people usually with buddies that do the same thing and they will grunt face to face while flexing at each other and saying â€Å"WHOO! They might come over to you while you are doing pull-ups, grab the bar, and do five pull-ups to your one while they grunt loudly. They tend to hang out in a group at the end of their work out and have a protein shake and converse about who lifted more, how many reps they did, and when they will meet tomorrow for their next work out. The third category is â€Å"the social butterfly†. Usually, this is the person that goes to the gym with hopes of working out but never actually does so because they are too busy talking to everyone. They know absolutely everyone at the gym by first and last name and what they do for a living.They try their hardest to be involved in every jo ke and conversation. They might start on the treadmill but then they see someone, get off the treadmill, and have an hour conversation with that person. They are almost always the nicest person in the gym and will come over while you are stretching to say hi so they can avoid working out. They are the people that are at the gym for a few hours and claim that they did an hour of cardio and an hour of weight training just to make their selves feel better about the fact that they talked to people the whole time they were there.They will usually spend about thirty minutes on one machine just because they are having a conversation about the new iphone with the person next to them. If they would spend as much time working out as they did flapping their jaws they would be in great shape. No one really likes these people while they are working out, but somehow they are always at every gym you attend. I only wrote about three types of gym-goers, so imagine how many other categories there are and what you would name them. Take a look next time and see who you can spot out. I guarantee you’ll find at least one of these people lurking around your gym.

Bsa Week

Why is it important to define adequately the use of a system? It is important to define the use of a system, because to know how to use it you need to understand what is was made for and what its requirements were and that made it so. It is very important to understand this and develop systems which will verity the quality in which the system was developed for. The systems ground work will be defined but its specifications and its requirements, which will be illustrated and lardier their function in a design document.What the system will accomplish is understood by what the systems requirements are. How these requirements will be met will be understood by the system specifications set by the client whom the system will serve. These two combined create the system, in which if made correctly will be made to be used with eased by the user operating the system developed. This will allow for design documentation, which will help a project team develop quality accumulation that will develop effective design documentation.This will improve stability that will allow the system to be easy and cheap to maintain. System analysis must gather accurate information to ensure that all needs are addressed, If this Is not performed properly. The system will result as a failure. Therefore It Is required to define adequately the use of a system. List five Items a typical design document contains.

History of visual communication (graphic design) Essay

History of visual communication (graphic design) - Essay Example The development of visual communication did not originate from the WIMP (Windows Icon Mouse Pointer) interface which is most commonly seen system for controlling computers. Rather, the origins of the communication style come from cave paintings and drawing made in prehistoric times where certain ideas and concepts had been shared by the original dwellers of the caves to individuals who came after them. Even though the people who inhabited the caves and we are separated by a few thousand years we can still understand the basic message which is being conveyed by the image (Solymar, 1999). The message and pictures themselves become complicated as time goes by and the hieroglyphics of ancient Egypt contain pictographic writings on the walls of the monuments they created to the clay tablets used for record keeping. In time, the medium changed along with the form of the message and things like animal skins, bone fragments, vellum, tree bark and papyrus began to be used as means for recording information. Even though the ancients had refined paper to a great extent, they did not have the ability to duplicate the same information hundreds of times with ease (Solymar, 1999). With the advent of Christianity, knowledge became a premium requirement for many people and the demand for documents that contained religious information was increased. Books and notes were copied in hand with a significant amount of labor involved in the process but that labor could be carried out by anyone even if they were illiterate as long as they could see and copy characters. On the other hand, it was far easier to transfer knowledge through visual images and the use of color in various pictures that explain certain stories (Ivins, 1969). The medieval ages perhaps represent the golden age of visual imagery since every image had several layers of meaning for the story connected to the image and even the individual colors of the persons portrayed in the pictures had one

Power of Media Essay Example | Topics and Well Written Essays - 1250 words

Power of Media - Essay Example Contrary to public perception, â€Å"convergence culture† is not limited to only participating in online voting or phoning in your votes for the latest talent competition on television. Although it is true that the activity is all-inclusive, it does not signify a convergence of any cultural sort. Rather, a mass protest rally in front of an embassy, declaring sentiments against a popular problem or plan of action could be more considered as an example of â€Å"convergence culture†. â€Å"Convergence culture† is the modern way by which our society is being shaped by a new generation of movers and thinkers. While we used to be a culture defined by what the powers that be in mass media such as radio and television say we should be, now we find that people have the actual ability to buck at such dictates already. Instead, people are dictating who they are and what they will be with the help of modern digital communication gadgets. Cellular phones now allow for mass sh aring of information between people faster than a television or news broadcast. Everything these days happens in real time, with various people sharing their experiences across the world by simply a point, click, and send on their phones, laptops, and other portable media devices. In such instances, this collective sharing of events, although depicting various points of view, all dictate the definition of what â€Å"convergence culture† is all about. Basically, â€Å"convergence culture† is not bound by the same restrictions that normal media practitioners must adhere to. Fan fiction writing and blogging are some examples of a method by which people continue to promote ideas and items that they have come to know and love but without the manipulative hand of the owners of the product. An act which, although frowned upon by most media big wigs, has proven to be the new way through which promotional activities can actually gain a longer life span that could oftentimes, su rpass the lifetime of the product or movie being promoted as well. It is because of this emerging power of the new digital media technology that the old guards, the newspaper and book publishers, the movie producers, and they're like, are all in a quandary as to how to position themselves in this new era of promotional activity and news sharing. You see, as Jenkins claimed in his paper, When people take media into their own hands, the results can be wonderfully creative; they can also be bad news for all involved. (par. 39). We have seen the ways through which the regular news sources have become all but obsolete in our modern world. The troubles in the Middle East that escalated in momentum and action this year alone showed that Twitter and Facebook are far more effective information dissemination tools when it comes to news reporting.

Week 5 dq Assignment Example | Topics and Well Written Essays - 500 words

Week 5 dq - Assignment Example   policy  management  direct  system  and the significant roles of  rational  capital  or knowledge of  administration  in organizational  commerce  process  are some of the measures used in strategic control  process.  Balanced scorecard  is used  to align company behaviors to the vision and  policy  of the company, improve internal and  peripheral  communications, and  examine  organization  activities against planned targets (Nooreklit, 2000). The change of  policy  into its  application  is beginning by comprehending the obstacles or difficulties in the process of policy execution. This  context  illustrates how  strategy  formulation is  vital  in every company. Strategic management deals with the  essential  planned  direction  of the  business  in terms of its  association  with its environment. It  is centered  on the company as a whole and could  stress  the  lasting  procedures like the return on savings and alterations in shareholder significance. Policy  control  metrics may be classified as regarding either  peripheral  value or  internal  competence. Flexibility overlies these classifications. It links to  effectiveness  and  competence  (Nooreklit, 2000). Hence, a company must be peripherally flexible in reacting to altering  consumer  needs and internally supple in reordering its organizational arrangements and retraining workers. Internal  competence  measures include cycle time, production and waste. Policy controls may be used as a method of explaining what excellent performance is, making  clear  the trade-offs connecting profit and savings and introducing  persona l  stretch goals. The reason why measures used in planned controlled control  procedure  is  necessary  is because it gives the company a sense of direction. Although objectives, functional tactics, and action  item  are included  in  several  implementation plans, a number of organizations have a  difficult  time reflecting the plans they  create. This is because some organizations

Information System Reasarch Project Article Example | Topics and Well Written Essays - 750 words

Information System Reasarch Project - Article Example In fact, any reliable structured source of information can be referred to as a database. The properties and design of database systems are incorporated in the curriculum of information technology (1). Central to the concept of a database is a collection of records, information, and answers to some particular queries. In a given data base, there is a dovetailed description of the facts held in order in the database. This is referred to as schema. In a typical schema, there would be several linked objects and their related data. You can actually juxtapose the said objects similarity versus their contrasts in a schematic table from a database. There are several ways of setting up a schema to organize a database; these are referred to as data models or data base models (5). The most popular and user friendly is the relational model which retrieves the data in rows and columns, arranged into tables. It highlights the links between the tables of the common objects in them. Other models, which are more technical, are the hierarchical model and the network model. Professionals mostly use these. The whole spectrum of computer software hinges on the many applications of databases. The preferred methods of storage of information, especially for large multi-user applications where several users access the information simultaneously, are databases. Even the individual user finds these data bases a convenient source of information. Almost all electronic mail programs and personal organizers find their basis in the standard database technology (3). Software data base drivers interconnect the database platforms so that application software can use a common application-programming interface. These software database drivers are easily available and are used to retrieve the information sought for and which is stored in a database. The most commonly used database APIs are JDBC and ODBC. The data fed into the databases follows various techniques. Most databases have a parent model that they are fashioned after, although nowadays, it is quite common for products to give support to more than one model of database. One logical model can have various physical implementations because most of the support programs offered will allow the user some degree of control in choice. The choice in turn makes a significant effect on performance. For example, in the relational model, all serious implementations of the relational model operate under the assumption that the values of certain columns are known and therefore it allows the creation of indexes, which give fast access to rows in a particular table. Different data base models A bird's eye view of the database models popularly used today is (2): Flat model: This database is made up of a single, two-dimensional collection of data elements in which all the data programmed in is assumed to have similar values and all the objects row-wise are assumed to be related to each other. Hierarchical model: The data in this resembles a tree like structure and the upward reaching branches are actually single upward links for each record categorized there in. This creates a sort field to keep the data in a particular ordained

Introduction to philosophy Assignment Example | Topics and Well Written Essays - 1000 words

Introduction to philosophy - Assignment Example The two are modern philosophers and their ideas lay a foundation to much human thought and examine the modern thought as they have developed a unique philosophy that extends to both rationalism and empiricism worlds. Examining both Hume and Descartes contributions to philosophy shows their critical contribution to the foundation of Kant and thus the basis that united rationalism and empiricism. Descartes contributions He is a rationalists who believe that some knowledge is attained other than by or via human senses, for instance, he says, â€Å"I therefore think I am† is a crucial element of this concept. More significant, the knowledge is heavily determined by knowledge of God – that is God and the idea of God is outside the senses realm and thus exists only through thought. Through his meditation, he indicates that with minds and thoughts people can make decisions around them. Descartes believe on two metaphysical substances – the thought and the matter. Contra ry to traditional philosophy and their beliefs, Descartes holds that matter is without form and that certain ideas such as ideas of the God and mind are senses-centered and innate. The main limitation with Descartes contributions is that most of his work is highly grounded on God’s existence and thus it needs God to aid prove certain innate ideals concept outside the sensible universe. Descartes contributions gives a easy example to support because it does not require much support as one cannot truly deny God’s existence and people can argue that God exists because they believe in his existence and may twist this idea to consider it as innate thought. If a person has faith in God, he cannot reject this faith; therefore, Descartes supports his ideas through this faith. The philosophical concept of innate ideas can be used as evidence to support God’s existence because it does not require any other basis. David Hume’s contributions He is an empiricist who o pposes Descartes ideas of knowledge of God, as Hume does not believe in God. He started by arguing for the empiricism significance, the idea that peoples’ knowledge is anchored on their experiences and he employed this strategy to analyze various philosophical concepts. He argues that all of peoples’ complex ideas originate from simpler ideas that are formed based on the impressions received via their senses, thus, ideas does not essentially differ from experiences. Hume also stresses on matter of fact – he considers them matters that people must experience and not instinctually arrived at or reasoned. Because of the above claims, Hume opposes systems of metaphysic utilized to prove soul, divine creation, and God ideas existence. Therefore, because people have no experience of these ideas and cannot get straight impression of them, people do not have to believe in their truth. Hume systematically believes that facts and ideologies emanate from experiences and th at unless people have experience of concepts like universe size, time and space such a concept would be meaningless. He argues that both our ideas and impressions are not infinitely divisible and if we insist on simplifying them further we would eventually reach at an increasingly small level that is hard to conceptually understand and perceive, therefore, because people have no experience of infinite divisibility, then the idea if infinitely divisible an idea is meaningless. According to Hume, mathematics is a system of pure ideas relations and thus it maintains its value although people cannot directly perceive its phenomena because most of mathematical principles do not make sense, but it is a realm of knowledge because perfect certainty is attainable. Irrespective of Hume’

Biomedical Informatics Thesis Example | Topics and Well Written Essays - 8000 words

Biomedical Informatics - Thesis Example his study that it is sometimes necessary for more important information, such as a chest X-rays, physical examination, and health and occupational histories, to be made available in order to make a diagnosis. Lung diffusion capacity testing (DLCO) is a noninvasive test which is used to measure the movement of gases (most specifically oxygen) through the lung into the bloodstream. The single breath diffusing capacity test is the most common way to determine DLCO, whereby the subject is required to blow out as much air as he or she can so that only the residual gas is left in the lungs. Moreover, the subject is requested to take a deep breath in order to completely fill up the lungs. The subject is then requested to hold his or her breath for a very short period of time. The subject is then finally requested to exhale. The analysis of the gas that has been blown out will then be carried out in order to determine how much went into the bloodstream through the lungs (De Boer, 2010). 23 Pulmonary function tests (abbreviated PFT), which are also known as lung functions tests, are tests which are used so as to provide measures of gas exchange, lung volumes, flow rates, and respiratory muscle function. These tests determines the quantity of air that the lungs can hold, how fast air can possibly be moved in and out of the lungs, as well as the lungs’ ability to add oxygen and remove of carbon dioxide into and from the blood respectively. According to Goldman (2005) and De Boer (2010) the pulmonary function tests have the ability to diagnose diseases of the lungs, to measure how sever the lung problems are, and to monitor the treatment of the lung diseases. Since the spirometer was first developed in 1846 by Hutchinson, measurements of the dynamic volumes of the lung as well as of maximal flow rates have been employed to detect and quantify the diseases which affect the airways and lung parenchyma (White, 2004). The lung function may be determined by the use of tests

Supreme court case Essay Example | Topics and Well Written Essays - 250 words

Supreme court case - Essay Example In 1954, Oliver L. Brown began the process of reversing this by challenging the Topeka Board of Education on its policy of segregated schools. He was angry because his daughter had to walk six blocks across, cross train tracks, then board a bus and ride for over a mile to get to her black school, while there was a white school only six blocks away. This seemed especially ridiculous because his daughter’s playmates were largely white and attended that school. Unlike many areas, Topeka worked very hard to ensure that its white and African American schools were largely equal – they had equal funding, facilities and staff, so it essentially came to question whether it was possible for two facilities to actually be equal if they were separate. In a landmark ruling, the Supreme Court said that separate educational facilities are inherently unequal, and that the only way to ensure truly equal access to education was to have them not be segregated at all. This decision made it illegal to segregate schools based on race, and began a process of re-integration, which would eventually pave the road for many other improvements in race relations in

Short story Essay Example for Free

Short story Essay The speckled band is a 19th century short story, I know this from the type of transport there is, they have steam trains and dog carts. There are also no lights only lamps that have to be lit with matches. You can see that this story is 19th century, as there is no use of electricity. And lack of modern forensic skills, you can tell this from when the take a long time to try and find out who the killer was, this would be made a lot quicker if they had these modern day skills. The bell rope is old fashioned as they are not around now days. There clothes are definitely Victorian, as in the story Dr Roylotts costume was a peculiar mixture of the professional and agricultural. He was wearing a black top hat, a long frock coat and a pair of high gaiters. He had a hunting crop swinging in his hand. This outfit is very old fashioned as people do not wear this type of clothing anymore. The language is 19th century as well for example said he instead of he said. The language is very formal and uses very old vocabulary like metropolis, encompass. The story uses long complex sentences and lots of adjectives to describe the house Stoke Moran. The speckled band is a murder mystery story; there are many things that you can tell this from. It is set in Stoke Moran The building was of grey, lynched blotched stone, with a high central portion and two curving wings the windows were broken and blocked with wooden boards while the roof was partly caved in, a picture of a ruin from this description it doesnt show any sign of colour and would be a typical murder setting. The fact that the story is using Sherlock Holmes it makes it a mystery, as he is a detective. You dont know whom the killer is this also shows that it is a mystery.  There is tension in the speckled band  Ã‚  My god I whispered, did you see it? Holmes was for the moment as startled as I, his hand closed like a vice upon my wrist in his agitation. Then he broke into a low laugh and put his lips to my ear this shows tension as Dr Watson doesnt know what he is suppose to be seeing. It is a nice household he murmured that is the baboon  This tells us that they were scared and didnt know what the baboon was this makes the story more tense. There is also more tension when Holmes had brought up a long thin cane, and this he placed upon the bed beside him. By it he laid the box of matches and the stump of a candle. Then he turned down the lamp and we were left in darkness  This made the story tense as Dr Watson didnt know what was going to happen in the dark. Shall I forget that dreadful vigil? I could hear no sound not even the drawing of a breath and yet I knew that my companion sat opened eyed, within a few feet of me in the state of nervous tension  This shows that Dr Watson was nervous.  There is more tension when Sherlock Holmes saw something  you see it Watson he yelled you see it  Dr watson didnt see anything apart from Sherlocks face deadly pale and filled with horror.

Dead Poets Society essay Essay Example for Free

Dead Poets Society essay Essay What ideas about discovery are conveyed by Peter Weir’s ‘Dead Poets Society’ and one other text? The process of discovery has the ability to greatly impact an individual resulting in them having new ideas and perceptions on themselves and others. These ideas differ for all individuals as each has their own experiences and develops from them in unique and personal ways. This is clearly evident in the film ‘Dead Poets Society’ by Peter Weir as it is a text which significantly focuses on the concept of contrast. Throughout this concept viewers are allowed an in-depth demonstration of the protagonists Neil Perry and Todd Anderson’s negative and positive experiences which have been caused by their strive to achieve individualism after a new English teacher John Keating introduces his pupils to poetry and free thinking attitude. ‘Firework’ a song co-written and performed by Katy Perry is also a text which conveys that discovery is a process that can lead to enlightenment and enable one to be more acceptant of who they once they disregard the socially constructed expectations that mass media communicates. Throughout Perter Weir’s ‘Dead Poets Society’ viewers are able to understand that discovery itself is a process of transformation that can lead to new ideas which in turn have positive effects on an individual. This can be seen in the scene where Professor Keating educates his students the act of conformity. When Keating states its definition as â€Å"the difficulty of maintaining your own beliefs in the face of others† the audience are able to identify the contrast between the professor Keating and principal Nolan’s attitudes and values towards educations throughout the mise-en-scene displaying Nolan in a small, dark and mysterious room caged by the large steel poles representing the strict and prestigious nature of the institution. This allows the audience to realise that the students are able to better develop their skills when allowed to be free from the forces of conformity the institution brings. When the students are told to find their â€Å" own walk† it clear that they do so to achieve becoming their own unique individual. Furthermore, during the ending of the film a full shot is utilised to capture the majority of students standing on their tables portraying the extent to which professor Keating has made an impact on his pupils. Earlier in the film Keating too stood on his table to â€Å"remind himself to look at things in a different way† hence it can be said that his student are following in his footsteps allowing the professor to depart from  the academy without any regret. Even though discovery may lead to new understandings and perceptions these may not result in positive ways but will also have the ability to result in negative outcomes for both individual and those closes by .As a result of Keating’s newly introduced philosophies, protagonist Neil Perry further endeavours to fulfil his passion and desire to become an actor however does so by forging his father’s signature on a consent form that would allow him to perform his act. When Neil’s father objects to him p ursuing his dreams, he is told that he will â€Å"go to Harvard and become a doctor†. Through the use of the low camera angle looking up towards his father, strong facial expression displaying authority and superiority are apparent. As a result viewers are able to comprehend that Neil is in no position to change or even slightly alter his father’s decision. However, when Neil’s mother advises that he â€Å"get some sleep† a close up of the individuals face presents a mysterious and worrisome smile resulting in the creation of suspense and confusion in the audience. The mise-en-scene displaying a weak and still hand behind a table centimetres away from a gun, viewers are able to reach the tragic conclusion of Neil Perry’s death in a confronting and unexpected way. ‘Firework’ a song co-written and performed by Katy Perry is a text which significantly exemplifies the experience of discovering something that has been concealed by of society and in particular the expectations that are constantly forced upon individuals through mass media that must be disregarded to proceed to the new finding. The music video features a number of characters overcoming numerous social issues such as body image, homosexuality, bullying, the effect of conflict between parents on their children and the acceptance of having a medical illness. Throughout the chorus the term â€Å"firework† is used to symbolise the spark inside all individuals that must first be â€Å"ignited† or in other words believed in to enable them to achieve their goals and accomplish their dreams. Additionally, fireworks are used as visual metaphors to represent the time when one becomes enlightened and acceptant of who they truly are regardless of what society expects of them. In conclusion, both texts ‘Dead Poets Society’ by Peter Weir and ‘Firework’ by Katy Perry complement each other in the sense that they both successfully provide the audience with diverse concepts and ideas of discovery. Whether they may be negative or positive,  each educates viewers in having varying ideas about the consequences that may be caused by ones decision after they access new, original understandings and perceptions of themselves.

Corporate Social Responsibilities in Kuwait

Corporate Social Responsibilities in Kuwait Corporate social responsibilities (CSR) are a form of corporate self regulation inducted into business models. The term Corporate Social Responsibilities was coined in the early 1970s that is after many multinational companies were born. CSR policies of corporate organizations are aimed at providing a positive impact of their actions on customers, employees and shareholders. In other words, its goal is to improve the social environment of communities, it is an organizations means of giving back to the community. This improvement is channeled through nurturing growth and development of communities, including elimination of detrimental practices that affect the public sphere. When a company is said to take part in corporate social responsibility, it means that they have ethical, social and moral responsibilities towards the community and society in which they are operating. Another important responsibility include in the CSR is the return given to investors and abiding by the national rules in the business dealings and functions. According to the traditional view of corporate social responsibility, it was related to the key stakeholders of the company only, which are its stockholders or owners. However today the corporate social responsibility of the business is required in every aspect of the business whether they are the suppliers, customers, investors, employees, government, social groups or owners etc (RFB, 2010). 2. Concepts related to Corporate Social Responsibility: There are several concepts and issues that have emerged today related to the corporate social responsibility. The CSR should now be addressed by the companies in various contexts and some of them are illustrated as follows: 2.1 SOCIAL ISSUES Due to the operation of the businesses having different internal environment and different cultural values, several social issues can emerge. Some of the social issues that emerge are mainly because of the operations of the business. The social issues would include all type of problems that can arise in a society because of the business. These can be environmental e.g pollution because of business operations, the cultural issues, ethical issues or technological issues etc. 2.2 CSR related to Stakeholders: Any individuals, organization, societies or elements of the environment that have a stake in the company and is affected by as well as affects the business is known as its stakeholder. Businesses have a number of stakeholders and it must ensure that the rights of all the stakeholders are delivered to them. For example the workforce of the company has some legal rights as well ethically and morally the company should give the workforce some rights related to the operations of the business. For example In a firm, the health and safety of the employee is the legal responsibility as well as the ethical responsibility of the organizations. The companies have various stakeholders as mentioned before. The stakeholders can be further categorized as the primary stakeholders and the secondary stakeholders. The primary stakeholders of the company are the ones that can impact the organizations business operations. While the secondary stakeholders are the one that can have both direct and indirect impact on the operations of a business. The primary ones are said to have a direct stake and these include the employees, the suppliers, communities, the customers, regulatory bodies, future generations, shareholders, government and business partners etc. even the nature and the environment that a company can have an effect on are a part of its primary stakeholders. The secondary stakeholders even if do not have a direct stake but can be positively or negatively affect by the decisions or operations of the company. These include the interest groups, social groups, political groups etc. The rights of the primary stakeholders of a company are often protected by the laws because they often have a legal link and have a direct connection with each other. on the other hand, the secondary stakeholders might not have legal rights and privileges but the Equity holders are the main stakeholders of any concern. Every organization has to fulfill some is a moral and legal duties and rights of their respective owners. Some of these include, seeking to make sure that the prime stakeholders receive an adequate return on what they have invested in the firm. This is not the only right but the basic right. Besides, the owner, employees are also major players in the business, they also have both moral and legal requirements that the firm must meet. The businesses also have a special obligation to its customers in connection with the marketing, advertising, production and quality of products. The products are also expect to offer functionality, safety and value of local communities. All these duties listed for the firm to follow can significantly affect the activities of national organizations and therefore a direct participation in their activities and other enterprises to do business with. Many social commentators also suggest that companies are directly responsible for future generations and wildlife. 2.3 Environmental Issues. Companies have long been criticized for their negative impact on the natural environment in which they operate. The negative impact of the firm on the environment can be related to terms natural resources and pollution and global warming. In many of the organizations there are no proper systems for waste management. Many firms use fossil fuels that release high quantity of carbon dioxide that is said to be one of the bigger contributors of global warming, and there are social pressure on government and businesses to meet strict standards for environmental and be volunteers in the change process of production which would be less damaging to the environment. Other issues related to the natural environment include acid rain, waste disposal, deforestation, and soil degradation. (Environmental leader, 2010).If an organization does not comply with the standards of environmental responsibility then they not just lose their respect in the eyes of the customers but also face opposition from g overnment, NGOs and various pressure groups. 2.4 Global Issues. More and more organizations today operate in a global environment. The globalization of trade seems to be an irreversible trend, but there are many opponents to it. Critics point out that globalization leads to exploitation in developing countries and workers, environmental degradation and increasing human rights violations. They also argue that globalization benefits mainly the wealthy, widening the gap between rich and poor. Proponents of globalization argue that open markets lead to an increased standard of living for all, higher wages for workers worldwide, and economic development in poor countries. Many large multinational companies are in scope and will continue to face legal, social and ethical issues posed by the increasing globalization of trade. 2.5 Technology Issues Another contemporary social problems relating to technology and its impact on society. For example, the Internet has opened up many new opportunities for marketing goods and services, but also opened up new opportunities for abuse of the companies. Issues of privacy and security of confidential information is handled. Biotechnology companies face issues regarding the use of embryonic stem cells, genetic engineering and cloning. All these things are ethical and social implications. As technological capabilities continue to advance, it is likely that the liability of companies in this sector will increase significantly. Research shows that companies are developing a reputation for being socially responsive and ethical enjoy better performance. But the final motivation for companies to engage in corporate social responsibility should not be an economic motive, but the moral and ethical. (RFB, 2010). 3. Corporate Social Responsibility in Kuwait: CSR is a tool that aids the organization on its mission and serves as dynamic guide as to the organizations principles. There is no formal act of legislation pertaining to CSR; however ISO 26000 is considered as an International Standard for CSR. Public sector organizations adopt the triple bottom line policy; People, Planet, Profit. Along with the mushrooming of multinational companies the scrutiny of their business activities have also increased. This means that organizations who adopt CSR policies have a greater chance of survival. Adoption of corporate responsibility supports business objectives; it results in increase in compliance, reputation and relationships which in turn increase shareholder value and profitability of the company. The International Business Report (IBR) 2008 states the three major reasons for incorporation of CSR in businesses are; Recruitment/Retention of Staff at 65%, Cost Management at 63% and Public attitudes/building brand at 56%. Other reasons perceived to promote CSR are tax reliefs that are provided by the government and investor relations. Tax reliefs are a tool that governments possess by which it may force a change in the attitudes of companies. This tool can be used to force companies to incorporate a CSR policy in their business models. Investors of the company have an impor tant say within company matters. Multinational companies are on the look for local and foreign investors. This provides Investor an edge to influence companies to adopt CSR plans. The Kuwait CSR conference, which is held annually, promotes incorporation of CSR within businesses and also discusses the performance enhancement that CSR offers. A CSR award ceremony held annually in Kuwait to appreciate the contributions made by organizations to Kuwaiti communities. This awards event honors companies for their achievements on the CSR front. Both the conference and award ceremony encourage organizations to adopt a CSR policy. A report by International Business Machines (IBM) Institute for Business Value voiced that companies are viewing CSR as a growth opportunity rather than a policy concerning regulatory-compliance or philanthropic issue. The report further states that 68% of the companies that were surveyed had interest in generating revenue through CSR based activities. Customer concern is considered to be the chief driver of CSR actions however 76% of companies state that they dont completely understand the customers CSR concerns while 16% of organizations claimed that they are able to engage with customers regarding CSR activities. The three major domains which have received contributions from organizations are health care, education and financing aid and charitable trusts. Within the health care domain, organizations sponsor construction of hospitals, medical centers as well as purchasing of equipment. Corporations also design programs that increase awareness of diseases and disorders among the population. In 1999, a telecommunications company; Zain, sponsored and supervised the construction of Sabah Ear-Nose-Throat Hospital. The Kuwaiti Projects Company (KIPCO) initiated a dyslexia campaign. The goal of the campaign was to increase awareness of dyslexia among students and professional alike. For this deed, KIPCO was honored with CSR award. The Annual report of Kuwait Finance House (KFH) 2007 highlighted that the organization provided KD 1.250 million to Bait Al-Zakat (Kuwait Zakat House), increases the provisions allocated for the construction of 15 ambulance centers on the motorways worth KD 1.450 million. The second major domain covered by organizations is education. Organizations aim to educate the local communities not only in traditional educational settings but also in educating in awareness of pollution of the environment, development of discipline and personal skills in young individuals, providing training to young professionals through internships. A Kuwait based multinational petrochemical company; EQUATE, sponsors educational programs, research programs and provides scholarships and awards for higher education. The company not only reaches out to students and educational institutes but also believes in knowledge transfer to regional companies. EQUATE also initiated the pollution free Kuwait campaign whose aims were to decrease the level of pollution in Kuwait and to create awareness of the effects of pollution within the masses (KMPG, 2010). The third area is that of financing relief efforts and charitable trust. Organizations donate allocated funds to trusts from their own accounts. Companies also allot a fixed portion of a sale towards charity. For Example, on the sale of a cell phone a company may forward 5% of its profit to chosen charity .Kuwait airways coupled with Kuwait Red Crescent to provide relief for the less privileged. This association resulted in the launch of a relief project Balsam, whose goals were to provide remedial measures for the needy. The collection of donations for this project is unique in its manner. Kuwait airways collected foreign currency donations from its passengers. These currencies were then forwarded to Kuwait Red Crescent where they were utilized as needed. Even though the report published by IBM Institute of for Business Value highlights that CSR is not focusing on compliance but on generation of revenue streams. The incorporation of CSR in local and multinational companies in Kuwait has provided a positive outlook to social activities. This not only has increased faith of the consumers within the companies but also has proven a source of proper ethical behavior for the companies themselves. 4. Example of Corporate social Responsibility in Kuwait: The Kuwait Oil Company (KOC) long been a leader in addressing environmental sustainability issues. In early 1990, Kuwait in front of the worst environmental disaster in recent history, in the wake of the late Iraqi government on the country. Oil wells and gathering centers were in flames, and the uncontrolled flow of oil was filled with hundreds of huge oil lakes and miles and miles of shoreline contamination. It was imperative that the countrys oil infrastructure can be restored and its environment. Today, Kuwait has the worlds seventh largest oil exporter and holds approximately 10% of global oil reserves. KOC is the effective management of oil and gas upstream, acting in Kuwait and the storage of crude oil and deliver it to the tank for export. Significantly, KOC has also helped to clean and protect the environment, embracing corporate social responsibility and the launch of a series of bold initiatives on sustainability, using the latest technologies and industry best practices. Emissions monitoring for regulatory compliance and CSR Kuwait KOC EPA Data from multiple sources while minimizing the Rolling risk of errors or omissions Provide an accurate analysis in real time which translates into better decisions faster Overall 90% reduction in time spent on emissions data collection, processing and reporting from various systems Saved weeks of work and improved accuracy by automating the deployment analysis of corporate sustainability reporting in Gift HSE staff to focus on higher value tasks and increase productivity Koc Health, Safety and Environment Group uses essential result in multiple production facilities, with an unlimited number of users accessing the system via a software-as-a-Service or SaaS implementation is supported by BP Consultancy (PCB ). KOC and the PCB has started using the essential Air module to collect and manage air emissions data Standardization of data, coding data, models, process flows, data models and other functions to generate a wide range of reports and update system dashboards KOC. In the process, KOC not only fulfill its commitments to corporate responsibility, he also streamline the critical operations of the company.

Colonialism and Independence: Nigeria as a Case Study :: Research Papers

Colonialism and Independence: Nigeria as a Case Study During the colonial period in Nigeria (from about 1850 to 1960), the British, like any other colonial power, asserted their dominance through a variety of media. The colonial experience of Nigeria and Britain, and Nigeria's early post-colonial history can be described, roughly chronologically, in three phases or periods: the formation of a ‘captured' colony, the education and inculcation of ‘proper,' British ways (i.e., the ‘taming' of the colony), and the immediate aftermath of colonialism (i.e., the ‘independence' of the colony). This essay attempts to scrutinize these periods in the light of the theories of Karl Marx, Ernest Gellner, and Jack Snyder. My claim is that Nigeria's colonial relationship with Britain, in general, reflects Marx's theory of the dichotomy between the oppressor and the oppressed, Gellner's theory that domination and oppression is disseminated through educational means, and Snyder's theory on the risks and dangers that young, ‘immature' †¦ countries face when they gamble on democracy The formation of a ‘captured' colony How does one capture a colony? The simple answer is â€Å"Look at Nigeria.† The ‘capture' of Nigeria by the militaristic British was one of the early distinct indications of its colonialism; thus, it attracted mixed responses. As described by Elizabeth Isichei, an acclaimed Nigerian socio-political critic, many Nigerians were deemed ‘collaborators' for helping the British, the public was seen as defiant, but passive, and others were believed to have been ‘rebels' (Chapter 14). To adapt one of Isichei's claims, Nigeria's â€Å"confrontation with an alien culture, its conquest, and the experience of an alien rule, created †¦ [crises]† (180). There were many riots and conflicts between the Nigerians and the British, although most of the uprisings were eventually subdued by the military power of the British. Riots were common—from the culturally rooted Yoruba riots in the West and the religious skirmishes with the Muslims and Hausa in the North, to the confrontations with the naturally ‘rich,' yet stubborn Igbo and Delta states. Apart from encompassing all the major ethnic groupings and regions in Nigeria, amazingly these conflicts also covered the three most explicit British inculcations: cultural, religious, and economic.

To the virgins to make much of time Essay example -- English Literatur

To the virgins to make much of time GATHER ye rosebuds while ye may, GATHER ye rosebuds while ye may, Old time is still a-flying: And this same flower that smiles to-day To-morrow will be dying. The glorious lamp of heaven, the sun, The higher he's a-getting, The sooner will his race be run, And nearer he's to setting. That age is best which is the first, when youth and blood are warmer; but being spent, the worse and worst Times still succeed the former. Then be not coy, but use your time, and while ye may go marry: For having lost but once your prime you may for ever tarry. I have chosen â€Å"To the virgins to make much of time† as my second poem because I feel it has much useful meaning to it and also because I agree with the title of the poem. I feel that people should live life to the full whilst they can. The first line, I think is the best of the whole poem: â€Å"gather ye rosebuds while ye may†. This image means that we should find a man/woman whilst you’re still young and beautiful. The poem has a very simple rhyming pattern of ABAB. This means that the poem is fluid and rhyt...

Cells and their parts Essay -- essays research papers

Cells are some of the smallest organisms around. All living things consist of cells, and yet they are invisible to the naked eye. Cells are the basic structural and functional units of life. Cells are made up of many different parts which allow them to function properly. All cells are separated from their surrounding by a cell membrane. The cell membrane regulates what enters and leaves the cell and also aids in the protection and support of the cell. A cell membrane is similar to the walls surrounding your house. In plants the cell membrane is surrounded by a cell wall. The cell wall is outside the cell membrane, and its purpose is to help the membrane protect and support the cell. Since the cell wall is very porous, water, oxygen, carbon dioxide, and other substances can pass through easily. A cell wall is similar to a fence around your house, because it helps protect other things from getting inside the cell. In many cells there is a the nucleus, which was first described by Robert Brown. If a cell does or does not have a nucleus has been used by scientists to divide cells into two general categories. The two categories are Eukaryotics, which are cells with a nucleus, and Prokaryotic, which are cells without a nucleus. The nucleus has been found to be the information center of the cell and contains DNA. It also directs all activities that occur in a living cell. It’s like a mini me of the heart and brain of a human body. Most nuclei contain a small area called the nuc...

Death Be Not Proud: Simon Birch to The Scarlet Ibis Comparison Essay

It is said that a person can accomplish anything if they put their mind to it. Humans have walked on the moon, swam the English Channel, and overcome disabilities to defy nature itself. In the film Simon Birch and the short story â€Å"The Scarlet Ibis†, two boys work to push past their disabilities that limit their lifestyles to the point of eventual death. Both Simon Birch and Doodle (â€Å"The Scarlet Ibis†) prove that strength does not necessarily have to come from the healthiest of humans, but that the ideas of tolerance for all should be a universal practice. Through their similarities and differences, these unlikely characters teach the reader about might and acceptance of those with disabilities. Doodle and Simon Birch are boys born with handicaps that could easily have limited their lifestyle. Doodle’s developmental delay and Simon’s small stature cause both characters to rely on those around them for support and assistance. Luckily, the kindness of Joe Wentworth towards Simon Birch and the consistent attentions of Doodle’s brother, allow both handicapped boys to live lives greater than most of the world could imagine. Swimming, learning to walk, and boxing were a few things that Doodle learned from his persistent brother. Likewise, Simon enjoyed swimming with his friend Joe, and also playing baseball, which was some thing others did not think he could do. Not only did both characters push themselves with the help of their support systems, they also viewed the world around them as a beautiful place, in which they could learn to defy the limitations of their human bodies. The doctors never believed that Simon would amount to anything and he became a handicapped hero by saving a bus full of kids. Doctors said Doodle would never walk and through pain, frustration, and never giving up, he was able to learn to walk by his 6th birthday. The similarities between these characters are uncanny, but one thing that is continuously evident is that their disabilities did not handicap them. While these two boys have many character traits in common, their differences are most evident in the way they were treated by those around them. Shame and embarrassment in having a handicapped brother is what motivates Doodle’s brother to teach Doodle to walk. In contrast, Simon Birch’s best friend, Joe, never treats Simon as handicapped and willingly brings him everywhere he goes. However, Simon’s family and many people around him do not see Simon as a miracle, but rather fear his â€Å"differences† as they do not understand him. He is ignored, rudely made fun of by others his age, and even told by a priest that God doesn’t have a plan for him. Doodle’s situation is completely different as his family is very supportive, caring, and nurturing, even if pride is the cause in the case of his brother. Pride also leads to another contrast between these characters in their inevitable deaths. While Simon Birch dies a triumphant hero’s death, a disappointed brother leaves Doodle behind when he can no longer keep up. Despite Doodle’s warnings, his brother continues on without him only to return to find Doodle bleeding from the mouth and finally overcome by his handicapped limitations. The early deaths of these two boys are yet different as one dies due to love and other out of embarrassment. The important message of tolerance for all differences can be seen in the likenesses and dissimilarities of Doodle and Simon Birch. Both demonstrate an inner strength, greatly due to their support systems, uninhibited by size or development that makes them mighty. Both also show a love for others that causes them to sacrifice their own lives. Each of their sacrifices paints a picture of how the world treated them differently and how one rose to a hero’s challenge and the other died in miserably being pushed beyond his limits. The greatest lessons are sometimes found in the most unlikely places. Anyone can be a hero, but maybe being a hero is more about looking beyond the surface and most importantly, leaving pride behind.

Relativism in Culture and Morality

It is speculate that godliness is secret code much than than or slight than obeying the rules im be by atomic number 53s own enculturation. With this in mind, the most thorough antedate is that thither essential(preno(prenominal)inal) be close prior to having a deterrent exampleity, or similarly, farming gives mode to worship. It is also tell that if ones nicety requires that a true(a) bear be make or be refrained from, consequently doing that identification number or refraining from doing is ones good duty. Thus, doing or refraining from doing things as good precepts necessitate the presumption that it should or should non be done because flori conclusion espouses that thought. If a indis spewable elaboration does non prohibit or exclusively t emeritusow a plastered act from existence done or former(prenominal)(a)wise, it must be the case, then, that the act roll in the hay non be attri still whened to each chaste givearies.Moreover, it has also been said that all told of ones object lesson duties ar not absolutely held by all populate for thither ar heathenish variations across various civilizations. Suicide in the contemporary fourth dimensions whitethorn be an immoral act, but in prior times the Nipponese husbandry may even allow suicide and serve it as morally required. These things point the conception that at that place is no encompassing godliness transcending time and regional boundaries.As more and more people grow and as nations develop and fall, one can hardly competitor the theme that the holiness held by the people centuries ago may be name to be obsolete these days. This is in the spirit that not shape up does refining falsify among societies. Culture also varies from inside these respective(prenominal) societies, evolving with time and thus creating a tally paradigm shift in those societies light of morals.How, then, should we treat and distinguishableiate moral relativ ism and pagan relativism? In order to thrust a better grasp of the question at hand, it should be noted that the brain of relativism is that nothing can be taken as absolute and that variations be present and place that things ar relative. The idea of moral relativism then becomes an idea which opposes the absoluteness of moral precepts, or of a adept arbitrarily tending(p) morality as supreme and the only morality held by different societies.On the another(prenominal) hand, heathenish relativism would then present itself as an idea which indicates that, in much the resembling centering as moral relativism, no single purification is tinyly the self alike(p)(prenominal) as other culture, and that the idea of a single and unifying culture is bound to be dissolved exactly because cultural variations argon present everywhere.The essential diversion betwixt cultural and moral relativism stems from the sum of money terms morality and culture. It has been said beforeha nd that culture gives appearance to morality and that moral standards atomic number 18 dependent on the cultural foundation of real societies. This being the case, the difference between morality and culture is that the latter is the foundation of the former and that the former bequeath disintegrate or would bewilder not come into existence without the latter. For instance, the moral precept that cheating is bad would not cede come into what it is when on that point is no culture which believes in that precept, or when in that location is no culture which treats it as a moral principle.To put things in another focussing, the smell out of excellence or inappropriateness is not entirely absolute or binding to all individuals. What is beneficial for an American may not of necessity be slump in the sensibilities of and moral doctrines bid to by Japanese citizens. It would likewise be not fitting to view and shrive the actions of Nigerians from the moral perspective of a Norwegian precisely because what goes for Norwegians only befits Norwegians at to the lowest degree in terms of moral doctrines. The relativism of morality is even truer from at bottom the ranks and files of nations. til now from within societies, not all people take a shit the same moral beliefs, and that their wizard of correctness or wrongness does not necessarily fit into a single and coordinated moral scheme.Apart from the situation that not all people subscribe to the same and exact moral doctrines whether in the past or at present, the multiple moral doctrines we harbor today reinforces the idea that morality emanates from a single cultural system alone. The main premise behind this is that every nation or perhaps every ordering is culturally unique. It has been said before that culture gives way to morality, and the mere existence of umteen different moralities only suggest the corresponding idea that all of these moralities came from a single cultural source.Ind eed, it would be dangerous to assume that, in one way or another, the moral dogmas of Chinese are entirely link to the moral dogmas of the Afghans, or that these twain nations affirm the same source for their moral foundations, which is a single culture. Not only is it difficult to comprehend and accept even its theoretic validity, it is also dangerous precisely because two distinct cultures would essentially put in front their own moral doctrines which blend well enough with the structure and inner kit and boodle of their societies.Cultural experiences of individuals also vary, depending on the situation or on the society in which one belongs. For many centuries, civilizations have given hold to people who have substantive ties to the culture they grow up with, at last braggy these people a strong sense of attachment to the culture they belong. The best way to understand or at to the lowest degree see the distinctness of a culture is through its people who eventually will signify that no two cultures are exactly the same, although it can be accepted that there may be certain overlapping features or similar characteristics.Yet it must be reminded that being similar does not necessarily mean being the same. interpreted collectively, the various cultures may appear to be a large fabric of many different colored patches. The same can also be said around cultural experiences, and the extent of the differences among the item cultures may extend indefinitely for one unbendable reason cultures evolve through time.To say that there is cultural evolution implies that moral precepts are continuously evolving, or ever-changing, as well. It would suffice to say that a careen in cultural entities, whether large or small, entails a consequent effect on moral entities. That is, people may place thinking and acting noveler forms of their culture, in round or in whole parts, abandoning old customs or merging them with new ones. One result would be that the moral beliefs of these people would also begin to change. For instance, expert advancements have given pilfer to certain cultural ideologies not present in the past.We now have societies whose culture has been deep embedded in the information and confabulation applied science era like that of the Japanese who constantly harbor advanced forms of technology and applying them to their lives. The sense of right and wrong have been affected by these forms of technology, paving the way for new respectable standards which seek to cling to the delicate balance between doing what is right and doing what is just. More specifically, the use of the internet has created a new moral field in terms of the ethical standards which envelop the drug users experience of the internet.At this point, the relativism of a changing culture is emphasized more and more by the sharp contrast between the nations which have a strong expert grasp and the societies which still lack these things. Even more so, it should be clear that the nations with strong technological grasp are the ones which are most likely to realize the ethical standards drawn upon by the use of these technologies.On the other hand, nations which are but to experience these technologies may not be aware at all of any ethical standards flat related to these technological benefits. These things only maneuver that the relativism of both culture and morality is not only emphasized by their variations among societies but is also highlighted by the changes in culture and, consequently, morality brought about by the experiences of the society and the changes which take place through time and development.One parameter which can be posed as a challenge to the relativism of culture and morality is the idea that even though there are differences, it still does not ensure the idea that culture and morality are both relative. That is, even if there are perceivable specific differences to the culture of a certain societ y to that of another, or to the morality of one community to that of the other, the ordinary presumptions of morality and culture sojourn the same across these unique societies. For example, Indian and Saudi-Arabian Arabian societies may hold specific differences with regard to their moral and cultural precepts.But when these two precepts are viewed from a larger and more ecumenic perspective, one may stick to that morality remains the sense of right and wrong and that culture remains the way of life. The billet being posited against the relativist claim is that differences climb up in the specific details of culture and morality to every society yet these differences do not altogether warrant the idea that everything else in morality and culture is relative. Specific differences do not stock warrant relativism and that a more prevalent appreciation of the culture and morality of different societies remain the samemorality remains the sense of right and wrong while culture remains as the way of life.Such an argument against the relativism of culture and morality is bound to bump into at least two criticisms send-off is that it abandons or neglects the factual differences of cultures and moralities by turnabout to a more general science of the two and second is that it also confuses the idea of differences and its implication of relativism.By reverting to a general perception of culture and morality, the argument against relativism neglects the fact or sets aside the fact that there are differences between cultures and moralities both within and without the societies in order to serve the place of refuting relativism. While the argument does not put forward any claim for monocracy for culture and morality, it can be dumb that such an argument nevertheless seeks resort hotel in the thought of a general culture and a general morality. By simply positing the definitions of culture and morality, it appears that the argument is a mere tautology whic h does not signal well.Further, the argument against relativism asserts that the differences do not promise relativism. Such an argument may only gain merit if there are no factual differences which, in, reality, signifies or espouses relativism. Apparently, there are factual differences and that these differences do not only stand by themselves as mere differences but more significantly as indicators that cultures and moral doctrines are relative.Moreover, the argument fails to take into consideration the fact that certain cultures and moral doctrines have also changed albeit gradually. These changes further strengthen the fact that there are wide differences even today as societies continuously evolve. If it is indeed true that there is no relativism in both culture and morality, it must also be true that the things that Japanese citizens hold to be right and wrong are also in line with what the rest of the world holds to be right and wrong. Apparently, this is not the case prec isely because there are factual differences and that these differences are precisely the reason wherefore there is relativism in culture and morality.In conclusion, culture gives rise to moral precepts and that changes in culture would eventually spur corresponding changes in these moral precepts. These changes may not necessarily go past simultaneously across various societies, which is why there are differences among cultures and moral precepts at the least. The evolution of societies from past to present have correspondingly caused changes in cultural beliefs as well as moral perceptions of people, thereby positing the fact that culture and morality have been relative since early years.BibliographyOppenheim, Felix. In plea of Relativism. The Western Political Quarterly 8, no. 3 (1955) 411-417.

Law of Tort

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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