Friday, December 27, 2019

Factors Influencing The American Dream - 1834 Words

For criminals, participating in crime is often caused by the absence of legal means to provide and support for themself and his or her family. For sociologists, one yearns to know what is the final reason, the final straw, to the criminal’s decision to participate in said crime? If this answer is possible to determined, sociologists can work to prevent this occurrence from happen in the first place. However, I believe, for individuals to turn to illegal means, it is not one, single event but instead it is the idea that one’s history, surroundings, and personality must all align together. More specifically, it is one’s background factors, situational dynamics, and foreground factors that causes an individual to succumb or to not succumb to†¦show more content†¦None of these factors are factors that an individual has the ability to choose from. Rather, they are born into or nurtured into. That is to say, an individual cannot choose if he or she is born int o a lower, middle, upper class family. An individual cannot choose if he or she is white, black, Hispanic, Asian, or any other race. An individual cannot choose if he or she will have cancer in his or her body. An individual cannot choose if he or she will be taught specific values and not taught others. Instead, Merton states, â€Å"Among the elements of social and cultural structure, two are important for our purposes. These are analytically separable although they merge imperceptibly in concrete situations. The first consists of culturally defined goals, purposes, and interests †¦ The second phase of the social structure defines, regulates, and controls the acceptable modes of achieving these goals. (Merton 672,673) Merton proposed that an individual’s background factors impact whether he or she would consider the American Dream as what they strive for in life. Because many citizens do indeed wish to achieve the American Dream, Merton would argue that culture leads individuals to act in certain, specific ways (Lecture 9/28/15). Merton additionally proposed that culture impacts the ways in which an individual achieves the American Dream, which for the purpose of example in this essay, is the end goal. He determined that there was indeed a relationship

Thursday, December 19, 2019

Ethical Theories - 920 Words

2. Ethical Theories used to justify Anglo-American’s Obligation to the ethical issue in Chilean Mines 2.1 Virtue Ethics: In virtue ethical theory, an individual is judged by his character rather than by his actions that may deviate from his normal behavior (Fraedrich, Ferrel and Ferrel, 2009). In Chile’s case, application of virtue ethics justifies the following mishaps: Fairness: With Research gathered from the case study, contract workers are assigned much more dangerous tasks with great risks of injury towards their health i.e. the company uses these workers for a certain period of time and do away with them once younger stronger workers become available while protecting their full time staff with easier tasks and extra benefits†¦show more content†¦Moreover, full time workers were entitled to rights of a union while contract workers were denied these rights on the saying that they were third class workers thus this lead to accumulated anger which finally resulted to company damage in theft, looting and fires (Reuters, 2014). From the above justification, it has being observed that the Government, CEOs and Anglo-American do not uphold labour rights, rights to life, rights to health etc. After the application of the above ethical theories, Anglo-American has an obligation to address the ethical issues observed at the mines. References Chatterjee, P. (2014). CorpWatch : Anglo American Workers Strike Against Contract Labor Conditions in Chile. [online] Corpwatch.org. Available at: http://www.corpwatch.org/article.php?id=15938 [Accessed 3 Mar. 2015]. Facing Finance, (2013). Report on Companies and Financial Institutions Benefiting from Violations of Human Rights. [online] Available at: http://www.facing-finance.org/files/2013/12/DIRTY_PROFITS_II.pdf [Accessed 10 Mar. 2015]. Fraedrich,, J., Ferrel, O. and Ferrel, (2009). Business Ethics 2009 Update: Ethical Decision Making and Cases. [online] Google Books. Available at:Show MoreRelatedThe Ethical Theory Of Ethical Egoism1423 Words   |  6 PagesEthical egoism is defined roughly by stating how people do things or react to what is in their best interest. This theory gets its meaning because the word â€Å"egoism† derives from the Latin term â€Å"ego†, meaning â€Å"I† in English (Moseley). The motivation of ethical egoism depends on how the situation will act upon one’s self-interest. In this paper, I am going to defend and explain that babies are born with morality of the ethical egoism theory. Ethical egoism stands out from the rest of the ethicalRead MoreEthical Theories Of Ethical Leadership1209 Words   |  5 PagesDisadvantages of ethical leadership Despite the positive elements ethical leadership can provide to an organisation, it arguable can cause issues as well. Ethical leadership requires the leader’s ethical framework to fall in line with the vision of the organisation. But it’s not just the leader and the organisation that need to be aligned, the subordinates can find it difficult working in an environment with certain ethical standards. You should be aware by now that ethical behaviour depends onRead MoreThe Theory Of Ethical Leader1819 Words   |  8 Pagessupport and validate the hypotheses. In the research paper by Bello (2012), the concept of ethical leader, including the characteristic of an ethical leader, the role it played in improving employee job performance and the development of such leaders (p.229). Through his research Bello (2012) found that employees are more willing to put an extra effort work more effectively when they are led by ethical leaders, which results in higher satisfaction. Employees related the level of trust in the organizationRead MoreThe Ethical Theory Of The Election Of 20161268 Words   |  6 Pageselection held an uncanny resemblance to elections of past years in the United States. The ethical and moral issues voters frequently take into account are as follows: race, culture, immigration and populism. Many ethical theories play into elections, on both the sides of the voters as well as the candidates. The â€Å"ethical theory† described is an approach or belief based off one’s own morals or values. The ethical theory of Utilitarianism is often used in the decision making on both the voters’ part, asRead MoreThe Theory Of Psychological Egoism And Ethical Egoism Essay1039 Words   |  5 Pagesintroduces in his written works, Egoism and Moral Skepticism, two different theories of human nature: psychological egoism and ethical egoism. The theory of psychological egoism refers to the view that all human actions are self-centered. On the other hand, the theory of ethical egoism is the idea that we are not obligated to do anything other than what is in our interest. Most individuals would consistently believe in ethical egoism because most generally care about the well-being of others. TheRead MoreThe Theory Of Psychological And Ethical Egoism959 Words   |  4 Pagesthe form of psychological and ethical egoism. While both of the views hinge on the idea that everybody acts in their own self-interest, the major separator is that ethical egoist views their pursuit of their personal gain morally right (106), even if they have to kill or steal for it, compared to the psychosocial egoist who just state that the only thing that motivates humans is their self-interest while the moral standings stay the same (91) 1. And while some ethical egoists and also psychosocialRead MoreEthical Theories Of The Debate Over Abortion1741 Words   |  7 PagesThere is a vast number of ethical theories, whether or not you believe in those theories is a matter of opinion and personal belief. For this reason, people can take the general concept of a theory and explain it in a way that aligns with their beliefs. Personally, I feel as though there is some truth in most, if not all, ethical theories. Though, there is one theory in particular I have taken a liking to; and this theory is egoism. Egoism, in the most general terms, is a theory in which a person is motivatedRead MoreThe Ethical Theory Of Consequentialism2160 Words   |  9 PagesConsequentialism is one of the three main normative ethical theories alongside virtue theory and deontology. In general, consequentialism holds that the right thing to do in any situation is determined completely by its consequences. This includes everything that will happen in the world as a result of the action. There are a multitude of variations branching from this which may differ in what part of the consequences they value; and as such have different value theories, but all will agree on the notion thatRead MoreThe Ethical Theory Of Property1712 Words   |  7 PagesThe Utilitarian theory of property seeks to maximize the population’s utility when a property decision is made, the greatest good for the greatest amount of people. To apply this theory one must define and aggregate a measure of utility comparable for all people in a cost-benefit analysis. A popular measure for utility, under the welfarist economics utilitarian view, is utilizing the price a person is willing to pay for a good or service as the value aggregated in the cost-benefit analysis. HoweverRead MoreThe Theory Of Ethical Leadership929 Words   |  4 PagesExplanation of Ethical Leadership The research of Thomas W. H. Ng and Daniel C. Feldman provides quantitative data, which validates the effectiveness of Ethical Leadership through the meta-analysis of 101 ethical leadership related studies conducted over the last 15 years. Somewhat in nascent form, Ethical Leadership (Ng Feldman, 2015) is viewed as conduct predicated on exhibiting positive role mode actions while promoting moral member conduct through collaboration, communication, and reinforcing

Wednesday, December 11, 2019

Imperatives and Regional Perspectives †Free Samples to Students

Question: Discuss about the Imperatives and Regional Perspectives. Answer: Introduction: Considering the case law, it can be stated that there are certain legal provisions that includes in the case study. The legal provisions can be divided as contractual terms, promissory estoppels and act of god (Martin 2016). In the given case study, it has been observed that Gareth has made a contract with Visit Victoria for operating a car hiring business. A contract has been made in between them and certain contractual terms are drafted into it (Clark et al. 2016). The terms of the contract play an important role and legal action will be taken against the party who will make any breach regarding the terms in subsequent occasions. Once a contract has been made, the parties will be legally bound by it. They could not make a change in the contractual terms unilaterally. However, the terms of the contract can be changed based on the subsequent requirement. A contract can be amended by obtaining the consent of both the parties (Carrizosa and Ryan 2017). Any party is restricted to change the terms of the contract all of a sudden. It has also between observed that one of the contracting parties, Visit Victoria has made a promise to Gareth that they will make extra payment to Gareth for supplying car. According to the law of contract, promise is a legal consideration that has been made between two parties and the promise maker is bound by the terms of the promise. According to the general principle of law, if the person who makes the promise does not follow all the terms of the promise, the other party can sue him and can claim compensation from them. Therefore, it can be stated that the promise maker is stopped to state that he cannot follow all the promises. This doctrine is known as the promissory estoppels. If the promise maker could not make his promise and the other party suffers any reasonable loss from the same, the victim can claim compensation from the promise maker (Delmolino et al. 2016). Further, it is to be proved that the party has relied on the promis sory terms and suffered from an actual and substantial loss. It has been observed in this case the company Visit Victoria has made a promise to Gareth and depending on the terms of the promise, Gareth supplied car to the event. However, in subsequent event, it has been observed that the party has denied making the payment that they had promised to Gareth and Gareth has suffered from financial losses due to it. It can be stated further that Gareth was relied on the promissory terms and when the company had denied making the payment, he has been suffered from mentally and financially. In this case, the company Visit Victoria is estopped to deny the promissory terms and make the proposed payment to the company. In case the company does not pay the same, Gareth can claim compensation, as promise is a legal consideration and denial of it can be treated as legal breach. In this case, an assumption has been made that states about a volcano eruption and the consequence of it. This problem attracts the provision of Act of God. Act of God is a general provision of law that deals with all the hazards resulted from the natural calamities such as earthquake, storm, volcano eruption and the like (Saul, Barnes and Elliott 2016). According to the legal and ethical approach, human being has no control over the natural calamities and therefore, damage could not be claimed from any parties to this effect. This principle is based on the maxim of force majeure. The principle of act of God has been maintained in the provisions of contract law and tort law. Under the provision of the contract law, Act of God is interpreted as implied defense and in case any promise has been made, the legal value of the promise can be ceased with the claim that the losses caused by the natural calamities are unforeseeable occurrence (Helw and Mohammad 2018). Under the provision of common law, any breach of contractual terms will lead the claimant towards specific performance and every party is bound by the contractual terms at any extent. This principle has been over ruled in the case of Taylor v Caldwell [1863] EWHC QB J1, where the court has found that if in any case performing of the contractual terms become impossible and neither party have made any breach to the contract, parties can be excused from their obligations regarding the contract. This principle is based on the frustration of contract. In the case of Tort law, this principle has been established inTransco plc v Stockport Metropolitan Borough Council [2003] UKHL 61. If a neighboring house has been collapsed due to an earthquake, the owner of the house is restricted to make any complain against the attached house owner for the same. In the case of Memphis Charlestown RR Co. v. Reeves, 77 U.S. 176 (1870), it has been proved that if a road has been destroyed by the natural hazards like flood, the same will be treated as act of God. Lisa Dennis had explained the term Act of God by providing an example. According to her, if a tree has fallen in the property of another and destroy certain portions of the property and if it has been found in subsequent event that wild weather is responsible for the fall, the owner of the property could not bring an action against the municipality. The reason is that the tree has been fallen due to certain unforeseeable cause. In Timbs v Shoalhaven City Council[2004] NSWCA 81, the court observed that the damage should be unforeseeable in nature and if it has been found that the damage has been resulted by the negligent act of someone, it will not be treated as Act of God. This theory has been established in this case. In the present case, it has been assumed that if the travelers could not go for any air travels due to volcano eruption, what will be the consequence. According to the provision of the Act of God, it can be stated that the company, Visit Victoria will not be held liable for the incident, as volcano eruption falls under the scope of natural calamities and the company can take the plea of Act of God. However, it should be bored in mind that the incident should be unforeseeable in nature. This means if the company has any prior information regarding the volcano eruption and still they cannot take any kind of necessary steps or could not informed the travelers regarding the eruption, the company will be held liable for the losses incurred to the travelers due to the eruption. The main issue of the case is to determine whether Gareth is under an obligation to pay the full amount of compensation or not. Further, it is to be determined what options can be available for Gareth in case the company accept all the situation of Gareth. This case is based on Contract Act and the process of changing the terms of the contract. It has been observed in this case that Gareth has made a contract with the Peninsula Tour and certain terms were in between them. However, it has been observed after certain period, many drivers had been resigned from their post and it was observed that Gareth became helpless for that. In this case, it has been observed that according to the contractual terms, Gareth is obliged to serve five cars on daily basis and he is bound to serve the same to the other party, as the nature of the contract is legal. However, it has been observed that he had provided prior information to the other party regarding the issue and make subsequent change to the contractual terms by serving only three cars per day instead of three cars. The problem that has been cropped up in this case is that whether Gareth can make such amendment to the contractual terms. Amendment is a change that has been taken place regarding the terms of any contract or legal documents (Barraket et al. 2017). There are certain rules prescribed for making an amendment. A party can change the previous terms by way of an amendment. The rules of amendment vary from different places. It is to be noted that whole terms of the contract could not be changed by way of a contract. Consent of both the parties is required in the case of amendment (Balkin 2015). Under the contract law, it has been mentioned that in case of any extensive changes, the parties should make a new agreement with each other. It is not clear from the case that whether the Peninsula Tour has accepted the conditions of Gareth or not or whether any amendment has been made in between them or not. However, Gareth is not allowed to make change on his own requirement only. In that case, he is bound by the contractual terms of the agreement. Further, it is to be stated that in case of contract, no parties can change the terms of it individually and therefore, it is required that both the parties should have to give their consent regarding the change. However, in this case, it cannot be stated that Peninsula Tour has given their consent over the proposal made by Gareth and until the Tour Company agree with the proposal of Gareth, he cannot make any change regarding the terms of the contract. The case is based on the general principle of contract law. According to the law, the agreement made between the parties should be legal in nature. In Balfour v Balfour (1919), it has been held by the court that domestic agreements that are made in between the parties during their matrimonial knot are not contract. However, in the case of Merritt v Merritt (1970), court has stated that if an agreement has been made in between the spouses after breaking down their marriage, such agreement will be known as a valid contract. Being a valid contract, the nature of the contract should be legal. This principle has been established in the recent case of David v Baker [2015] NSWSC 393, where the court was of the view that mere promise does not create any legal impression and therefore, it will not be a part of the contractual terms and policies. Under the legal parlance, it is required that both the parties should have certain legal obligation regarding the making of contract. If the intentio n of the parties is not legal, no agreement will conclude in contract. In Air Great Lakes Pty Ltd vs. KS Easter (Holdings) Pty Ltd (1989) 2 NSWLR 309, this principle has been established. According to Samuel Stolijar (1988), every legal obligation should reflect the principle of morality. However, if any breach has been made regarding the promise or contractual terms, the affected party may sue the other party under the provision of specific performance of contract. According to Charles Fried (2004), both the parties to a contract are required to abide by all the terms and the nature of the terms should be mandatory. Holmes has clarified the vision by stating the fact that any of the party can make a breach to the contractual terms but in that case, they should have to pay compensation to the other party. It is no doubt to state that both the parties are relied on the terms of the contract and in case any of them are not followed the term of the contract, other party can face serious loss from that. It can be understood from proper interpretation of the contractual terms that legal interest of both the parties are engraved in a contract and it is the primary rights an d duties of the parties to maintain all the terms of the contract. It is required that no parties should infringe the substantive primary duties. In Farley v Skinner [2002] 2 AC 732, it has been mentioned that in case of any breach regarding the performing the obligations, the wrongdoer should pay compensation to the affected party. The nature of the contractual terms follows Aristotles theory of corrective justice. This theory is based on the principle of equality that empowers both the parties with certain rights and reciprocal duties. This theory has been matured by the correct interpretation of Immanuel Kant, who has invented the theory of natural justice. According to him, both the parties should have certain limitations as the contractual performances are based on juridical manifestation. In this case, it has been observed that Gareth has made a contract and according to the contractual terms, he should deliver five cars every day. However, certain downturn has been observed in his business and many drivers have resigned from their post. However, Gareth feels helpless and informed about the situation to the other party and state about his condition for serving five cars as stated in the contract. In this case, it has not been observed that whether the other party has given their consent over the same or not. It has been observed that Gareth had automatically changed the character of the terms and started to deliver three cars instead of five. According to the general principle of law, both the parties are required to give consent in any case of change in the contractual terms and in the absence of this consent, it will be considered as breach of terms if any of the parties have changed the nature of the contract. Therefore, it can be stated that consent of Peninsula T our is required; otherwise, the company can sue Gareth for the breach of contractual terms. Further, it can be stated contractual terms reflects the promissory obligation of the parties. It can be stated in this case that the promise maker should not break the terms of the promise and in case of any breach regarding the same, the breaching party must have to pay compensation to the other party by law. It is no value to state whether the breaching party has invested so much money or not on the changing terms. There is a second assumption made in the case where it has been mentioned that what will be the consequential difference in case Peninsula Tours would have accepted the later terms of Gareth. It has been mentioned under the common law principle that the terms of the contract made all the parties bind by law. However, dispute arises regarding the question that what will happen if any adverse situation cropped up during the contractual period. The law of contract has simplifies the dispute by stating the fact that if the party to the contract can amend the terms or any of the terms of the previous contract with the consent of both the parties (Balkin 2015). It should be bored in mind that total terms of the contract are not changed by the amendment. Therefore, it can be stated that if Peninsula Tours have agreed to proceed with the new condition of Gareth, they should make an amendment to his effect. A contract can be amended based on consideration ground and the parties should have to give mutual consent over the same. It is possible that Peninsula Tour will consider the situation of Gareth by assuming that fact he faces and agree to take the services of three cars. In this case, amend of the contractual terms is the best option available in this case. Therefore, in this case, it can be stated that the Peninsula Tours can claim compensation from Gareth for breaching the terms of the contract. Regarding the second issue, it can be stated that Gareth is not personally liable for the situation and he has no control over the matter. However, he is required to obtain the confirmation from the Peninsula Tour before in vesting the money. However, if the tour company will consider the situation of Gareth, both the parties should have to make amendment to the contract to this effect. The main issue that has been cropped up from the present case study is to find out the rights and obligation of the parties to the contract and whether Gareth is obliged to pay the compensation to the event party. The case is based on the principle of frustration of contract and breach of contract (Sen 2016). The fact of the case is apart from the car business, Gareth is organizing events and supply all event related stuff to the parties. He made a contract with a party and according to the terms of the contract, he has promised to supply related materials on the date of event. Therefore, it is cleared from this portion that Gareth is obliged to supply all the materials to the other contracting party. However, it has been observed that before the date of delivery, his car has met with an accident and all the proposed stuffs were destroyed. Now the question is whether Gareth will be held liable for the destruction of the stuffs or not. This dilemma is based on the principle of frustration of contract. According to the law of Contract, if in a situation, any unexpected event happened and any of the parties have no control over the matter, the contract will be revoked automatically. This principle is known as frustration of contract. This principle is based on ethical perception. However, not all the terms of the contract are revoked; only the future proceedings are discharged by this principle. All the obligations which were due before the contract has been frustrated will be still in operation and no party take any excuse regarding those terms. Under the common law, it has been stated that if the purpose of the contract has been delayed for the matter of frustration, the base of the contract will be revoked and no parties are expected to wait for long delay to identify the fact whether they are bound by the terms of the contract any more or not. If either party regarding the delay can show any reasonable probabilit ies, the contractual obligation will be revoked. One of the essential elements of frustration of contract is that the event that causes the delay is unforeseen in nature. According to the law, any kind of hardship or material loss will be treated as the bad bargain and parties will not be being excused by so. The similar principle has been established in the case of Davis Contractors Limited v Fareham Urban District Council [1956] AC 969). Further, there should no chances of possibility to forecast the occurrence before it has been taken place. If there are any chances to foresee the fateful event, the same will not come under the purview of frustration (Burrows 2016). The parties to the contract should not make any fault regarding the same. Therefore, in case where any of the parties are involved in such events, they will be legally barred to take the plea of frustration. In Australia, the doctrine of frustration has been established by the case of Codelfa Construction Pty Limited v SRA of New South Wales (1982) 149 CLR 337. According to the Frustration Contracts Act 1978 [NSW], insurance contract is excluded from the definition of the frustration of contract. It has also been mentioned under the Act that if any particular task has been due before the period of frustration, that task will be discharged. Any party to the contract can make a claim for compensation for that part which has been performed before the contra ct has been frustrated. Therefore, the parties can claim the part of the contract only. This principle has been established in the case of Fibrosa Spolka Akcyjna v Fairburn Lawson Combe Barbour Ltd[1943] AC 32. In this case, it has been observed that before the event, Gareth has met with an accident, which is unforeseen in nature. Therefore, it can be stated that the contract between Gareth and Event Company will be revoked based on the principle of frustration. Further, Gareth can show sufficient cause in case of any delay regarding the delivery of event stuffs. However, it is very difficult to establish the fact that a contract has been frustrated. It is so because hardship is not treated as proper ground for frustration. Even no fault of either party will form the essential of frustration of contract. It is to be shown by the parties that formation of the contract is impossible and impracticable under the legal parlance. Therefore, the parties to the contract must show the facts that the delay has been made for sufficient cause. Therefore, in this case, it has been noticed that the car of Gareth has met with a fatal accident and all the instruments were destroyed. It can be stated that the accident was unforeseeable and therefore, he can take the plea of frustration of contract in this case. However, it should be analyzed whether delivery of the stuffs after the accident was possible or not. In this case, it has been observed that he has delivered the stuffs but all of them were of lower quality and the artist had refused to perform with the stuffs. It has been stated earlier that a contract has been made in between Gareth and the event company. According to the contractual term, Gareth was required to serve musical stuffs and tents to the company. However, it is not mentioned in the case study that whether any quality of the materials were mentioned or not. It has been observed that the artist of the event has denied performing with lower quality of stuffs and the company has to face serious financial loss due to this. However, the dispute that has been raised in this case is whether the company can claim compensation from Gareth for supplying lower quality of products. Before getting into the main discussion, it should be kept in mind that the car has met with a serious accident before the day of event and therefore, he has managed to supply the products at the stipulated time by purchasing the local products. According to the terms of the contract, Gareth was obliged to supply the products to the event and he has done it. However, the artist has denied performing there due to lower quality of product. It is to be stated that the losses incurred by the contracting parties are not for the negligence of Gareth as he had supplied the stuffs in time. His acts can be excused by the provision of the frustration of contract. The accident was unforeseeable for him; rather the affected party should claim the compensation from the artist who has denied performing at the time. There is no mention in the contract that Gareth has to supply quality products at the event. He has fulfilled his obligations accordingly. The artist was obliged to perform at the event and in this case, it has been mentioned that he had denied going with the lower quality of products. Conclusion: Therefore, it can be stated that he is obliged to pay the compensation in case the stated party has been affected from the event. The party named Julie is required to claim for compensation from the artist and not from Gareth. Reference: Air Great Lakes Pty Ltd vs. KS Easter (Holdings) Pty Ltd (1989) 2 NSWLR 309 Alshammari, S., Al-Gahtani, K., Alhammad, I. and Braimah, N., 2017. A Systematic Method to Analyze Force Majeure in Construction Claims.Buildings,7(4), p.115. Balfour v Balfour (1919) Balkin, J.M., 2015. Information Fiduciaries and the First Amendment.UCDL Rev.,49, p.1183. Bant, E. and Bryan, M., 2015. Fact, Future and Fiction: Risk and Reasonable Reliance in Estoppel.Oxford Journal of Legal Studies,35(3), pp.427-452. Barraket, J., Douglas, H., Eversole, R., Mason, C., McNeill, J. and Morgan, B., 2017. Classifying social enterprise models in Australia.Social Enterprise Journal,13(4), pp.345-361. Bruner, J.P., 2015. Diversity, tolerance, and the social contract.Politics, Philosophy Economics,14(4), pp.429-448. Burrows, A., 2016.A restatement of the English law of contract. Oxford University Press. Carrizosa, R. and Ryan, S.G., 2017. Borrower private information covenants and loan contract monitoring.Journal of Accounting and Economics,64(2-3), pp.313-339. Clark, E., Griggs, L., Blay, S. and Hoyle, A., 2016. Contract Australia. Codelfa Construction Pty Limited v SRA of New South Wales (1982) 149 CLR 337 David v Baker [2015] NSWSC 393 Davis Contractors Limited v Fareham Urban District Council [1956] AC 969) Delmolino, K., Arnett, M., Kosba, A., Miller, A. and Shi, E., 2016, February. Step by step towards creating a safe smart contract: Lessons and insights from a cryptocurrency lab. InInternational Conference on Financial Cryptography and Data Security(pp. 79-94). Springer, Berlin, Heidelberg. Farley v Skinner [2002] 2 AC 732 Fibrosa Spolka Akcyjna v Fairburn Lawson Combe Barbour Ltd[1943] AC 32 Helw, A. and Mohammad, A., 2018. Proposed force majeure clause for construction contracts under prevailing laws. Keyes, M. and Wilson, T., 2016. Codifying Contract Law: Internationalization Imperatives and Regional Perspectives. InCodifying Contract Law(pp. 13-24). Routledge. Martin, P., 2016. Estoppel: Binding promise without a contract: Court of appeal considers proprietary estoppel.LSJ: Law Society of NSW Journal, (23), p.93. Memphis Charlestown RR Co. v. Reeves, 77 U.S. 176 (1870) Merritt v Merritt (1970) Pearson, G., 2017. Further challenges for Australian consumer law. InConsumer Law and Socioeconomic Development(pp. 287-305). Springer, Cham. Robertson, A., 2014. Three Models of Promissory Estoppel. Saul, R., Barnes, R. and Elliott, M., 2016. Is climate change an unforeseen, irresistible and external factorA force majeure in marine environmental law?.Marine pollution bulletin,113(1-2), pp.25-35. Sen, G.M., 2016. 010_Doctrine of Frustration in the Law of Contract. Taylor v Caldwell [1863] EWHC QB J1 Taylor, P., Earl, C. and McLoughlin, C., 2016. Contractual arrangements and the retirement intentions of women in Australia.Australian Journal of Labour Economics,19(3), p.175. Timbs v Shoalhaven City Council[2004] NSWCA 81 Transco plc v Stockport Metropolitan Borough Council [2003] UKHL 61. Young, P., 2016. Unconscionability and promissory estoppel.AUSTRALIAN LAW JOURNAL,90(12), pp.878-888. Zagenczyk, T.J., Cruz, K.S., Cheung, J.H., Scott, K.L., Kiewitz, C. and Galloway, B., 2015. The moderating effect of power distance on employee responses to psychological contract breach.European Journal of Work and Organizational Psychology,24(6), pp.853-865.

Wednesday, December 4, 2019

Paul Klee Essays - Bauhaus, Cubism, Paul Klee, Klee, James Ensor

Paul Klee A Swiss-born painter and graphic artist whose personal, often gently humorous works are replete with allusions to dreams, music, and poetry, Paul Klee, b. Dec. 18, 1879, d. June 29, 1940, is difficult to classify. Primitive art, surrealism, cubism, and children's art all seem blended into his small-scale, delicate paintings, watercolors, and drawings. His family was very interested in the arts. The jobs that Paul's parents had were strange for 1879. His mom helped support the family by giving piano lessons. His father did the housework. He cooked, cleaned, and painted. Paul's grandma taught him how to paint. After much hesitation he chose to study art, not music, and he attended the Munich Academy in 1900. Klee later toured Italy (1901-02), responding enthusiastically to Early Christian and Byzantine art. Klee was a watercolorist, and etcher, who was one of the most original masters of modern art. Belonging to no specific art movement, he created works known for their fantastic dream images, wit, and imagination. These combine satirical, grotesque, and surreal elements and reveal the influence of Francisco de Goya and James Ensor, both of whom Klee admired. Two of his best-known etchings, dating from 1903, are Virgin in a Tree and Two Men Meet, Each Believing the Other to Be of Higher Rank. The paintings of Klee are difficult to classify. His earliest works were pencil landscape studies that showed the influence of impressionism. Until 1912 he also produced many black-and-white etchings; the overtones of fantasy and satire in these works showed the influence of 20th-century expressionism as well as of such master printmakers as Francisco Goya and William Blake. Klee often incorporated letters and numerals into his paintings, but he also produced series of works that explore mosaic and other effects. "Klee's career was a search for the symbols and metaphors that would make this belief visible. More than any other painter outside the Surrealist movement (with which his work had many affinities - its interest in dreams, in primitive art, in myth, and cultural incongruity), he refused to draw hard distinctions between art and writing. Indeed, many of his paintings are a form of writing: they pullulate with signs, arrows, floating letters, misplaced directions, commas, and clefs; their code for any object, from the veins of a leaf to the grid pattern of Tunisian irrigation ditches, makes no attempt at sensuous description, but instead declares itself to be a purely mental image, a hieroglyph existing in emblematic space. So most of the time Klee could get away with a shorthand organization that skimped the spatial grandeur of high French modernism while retaining its unforced delicacy of mood. Klee's work did not offer the intense feelings of Picasso's, or the formal mastery of Matisse's. The spidery, exact line, crawling and scratching around the edges of his fantasy, works in a small compass of post-Cubist overlaps, transparencies, and figure- field play-offs. In fact, most of Klee's ideas about pictorial space came out of Robert Dulaunay's work, especially the Windows. The paper, hospitable to every felicitous accident of blot and puddle in the watercolor washes, contains the images gently. As the art historian Robert Rosenblum has said, 'Klee's particular genius [was] to be able to take any number of the principal Romantic motifs and ambitions that, by the early twentieth century, had often swollen into grotesquely Wagnerian dimensions, and translate them into a language appropriate to the diminutive scale of a child's enchanted world.' After his marriage in 1906 to the pianist Lili Stumpf, Klee settled in Munich, then an important center for avant-garde art. His wife, Lily, gave music lessons, while Paul babysat their only son, he was a good babysitter. Klee painted in a unique and personal style; no one else painted like he did. He used pastels, tempera, watercolor, and a combination of oil and watercolor, as well as different backgrounds. Besides using the canvas that he usually painted on he used paper, jute, cotton, and wrapping paper. A turning point in Klee's career was his visit to Tunisia with Macke and Louis Molliet in 1914. He was so overwhelmed by the intense light there that he wrote: "Color has taken possession of me; no longer do I have to chase after it, I know that it has hold of me forever. That is the significance of this blessed moment. Color and I are one. I am a painter." He now built up compositions of colored squares that have the radiance of the mosaics he saw on his Italian sojourn. The watercolor Red and White Domes (1914;

Wednesday, November 27, 2019

Franz Kafkas The Metamorphosis and Joseph Conrads The Heart of Darkness. Theme Analysis

Introduction The themes in the two novels; Franz Kafka’s ‘The Metamorphosis’ and Joseph Conrad’s ‘The Heart of Darkness’ are influenced by some existentialist thoughts and beliefs. According to Kafka and Jarvis (9), existentialism is a philosophy that emphasizes the need for one to understand that destiny can only be chosen rather than predetermined.Advertising We will write a custom essay sample on Franz Kafka’s ‘The Metamorphosis’ and Joseph Conrad’s ‘The Heart of Darkness’. Theme Analysis specifically for you for only $16.05 $11/page Learn More Here, existentialism means that every individual should be able to decide for oneself on the basis of the greatest truths, which cannot be determined by others. Additionally, existentialism encourages self-sufficiency or independence and momentary existence among individuals by stating that the only moral thing is that which exists and becomes useful at the present moment (Kafka and Jarvis 12). On the other hand, the philosophy of existentialism posits that a stark or self-determined individual may experience anxiety, and as a result, one may resort to isolation and despair (Kafka and Jarvis 14). Therefore, this essay reviews the theme of colonization or limitation of one’s existentialist ideas as depicted in ‘The Metamorphosis’ and ‘The Heart of Darkness’. Here, the essay compares how the theme of colonization is captured in the novels, and goes ahead to explain the techniques employed by each author in conveying the theme. Furthermore, the essay addresses the use of imagery, language, structure, and characterization by each author. Overall, colonization is portrayed as a destructive force that alienates individuals from their existentialist ideas and beliefs. Summary Kafka’s ‘The Metamorphosis’ depicts colonization as a form of estrangement that forces man to separate himself from other humans by working under dehumanizing circumstances. In his work, Kafka uses a character known as Gregor Samsa who at a relatively young age finds responsibility in supporting his family, and thus, he is unable to work his way out of the situation. Furthermore, Gregor is forced out of a love life, which according to Kafka (9), would have given him the opportunity to experience intimacy by coming closer to a fellow human being or alleviate his loneliness by fathering children of his own. As a result, Gregor resorts to selling textiles in order to meet the expectations of his family. His lifestyle is marked by loneliness since he has to move from one hotel room to another, and when he returns to his home, he spends much of his time locked up in his bedroom (Kafka 23).Advertising Looking for essay on comparative literature? Let's see if we can help you! Get your first paper with 15% OFF Learn More According to the author, Gregor claims that he developed the lonely and isolated lifestyle from the numerous trips he made while selling textiles. However, it is obvious to readers that Gregor prefers isolation in order to avoid the wrath of his nagging family members. Furthermore, the author notes that Gregor’s bedroom has three doors, which are used by his family members who cannot stop urging him to wake up and get to work in order to provide for their lavish lifestyle. On the other hand, Gregor works with a boss who likes to keep track of what he does all the time. Additionally, Gregor’s boss has hired a clerk who follows him to his home in case he fails to go to work. Considering these circumstances, Gregor resorts to transformation as the only solution to his problems. As a result, Gregor metamorphoses into a gigantic bug to alienate himself from all the problems he faces (Kafka 35). However, little did Gregor know that his metamorphosis will push him away from his family who will come to shun him and wish that he was dead. Realizing that his family would prefer him dead, he decides to isolate himself permanently, and dies a lonely man (Kafka 80). Subsequently, colonization or limitation of one’s self-determination and self-sufficiency is portrayed as a destructive force in Conrad’s ‘Heart of Darkness’. In this piece of work, the author uses an unknown narrator who is also an acquaintance of Charlie Marlow, the main character. The narrator talks of colonization in Congo whereby Europeans are in a mission to expand their business contacts and bring ‘light’ to the native Africans. According to Kurtz, one of the most productive station managers in the interior of Congo, the initial approach of the Europeans was to ensure that each company station becomes the main source of better things and a center of trade while improving and humanizing the lifestyles of the natives (Conrad 4-10). The same idea is also shared by the International Society for the Suppression of Savage Customs, an organization that believes in the civilization of the natives inhabiting Congo. Moreover, other characters such as Marlow’s aunt believe that Europeans including Marlow have the potential to liberate millions and millions of ignorant natives from their unpleasant ideas and beliefs. However, some Europeans such as Marlow note that colonization is not a pretty thing to do if one had to look at it more deeply. Marlow takes note of the reality of colonization upon observing physically exhausted individuals working under dehumanizing conditions, co-workers who can get away with almost anything in order to please their bosses, earn additional profits and gain recognition, and colonized people who are literally shackled to generate more profit (Conrad 33).Advertising We will write a custom essay sample on Franz Kafka’s ‘The Metamorphosis’ and Joseph Conrad’s ‘The Heart of Darkness’. Theme Analysis specif ically for you for only $16.05 $11/page Learn More On the other hand, despite Kurtz having a different approach toward the civilization of the natives, he resorts to practicing a different form of colonization in which he ensures that the natives literally worship him. Kurtz’s approach enables him to bring in more ivory and thus gain the recognition of his superiors. Furthermore, Marlow observes the greatest form of savagery when he visits Kurtz’s office whereby heads of the rebels are placed atop poles to suppress future rebellion from the natives (Conrad 56). Theme Analysis From the foregoing discussions, it is certain that colonization may benefit the colonizers in different ways but it can bring hardships, deaths, and sufferings to the colonized people. The two novels describe both the mythical image and the apparent character of the colonized people and their colonizers. In the two novels, the colonizer is depicted as someone who claims to have certain privileges upon the suppressed and colonized people. Furthermore, the colonizer feels that there is the need to justify his or her privileges by creating a myth that makes him more superior or in much need than the colonized. Accordingly, Gregor’s family members and his boss on one hand and the Europeans on the other hand are depicted as virtuous and civilized individuals who assume higher capabilities and positions that make them worthy of their contemptible characters. By preferring to ignore the presence of the colonizer, the colonized people would certainly not forget that the colonizer holds his present position unfairly. Therefore, as the colonized rebel, the colonizer becomes increasingly zealous in holding on to his position. On the other hand, the oppressive character of the colonizer ends the history and the future of the colonized people since they are made to follow the ways dictated by the colonizer. In Conrad’s work, ‘The Metamorphosis ’, we note that Gregor’s family members including his boss impose certain constrictions in his life, and thus they force him to forego or ignore certain values of his life. The same also applies to the natives in the interior of Congo who are forced to forego their culture and let the Europeans determine their future. As a result, with their inability to change the present situation, the colonized retire to a frozen state, and allow their history and future to atrophy. Overall, by allowing the colonizers to determine their future, the colonized loose their freedom, self-determination, and self-sufficiency; the qualities much needed in order for an individual to see the truth and overcome the fear of the unknown.Advertising Looking for essay on comparative literature? Let's see if we can help you! Get your first paper with 15% OFF Learn More Conclusion The essay reviews the theme of colonization as depicted in the two novels, ‘The Metamorphosis’ and the ‘Heart of Darkness’ by comparing how the two authors support the theme in their respective pieces of work, and their use of language, structure, characterization, and imagery to convey the message. From the discussions above, it is worth noting that the two authors present their characters under different circumstances but achieve to show that colonizers and the colonized appear in different cultures and circumstances. Further, the foregoing discussions show that the two cultures described in the two novels share certain attributes. Here, it is certain that the existentialist ideas hold in that readers can note that the universe is indifferent and very hostile to humankind. Furthermore, no human being is able to explain his or her existence, and thus, life is approached from different angles relative to individual experience. On the other hand, we note that isolation, despair, and anxiety form an integral part of life. Finally, the truth is purely determined by one’s own conventions rather than external forces. However, the freedom of choice enjoyed by each individual predisposes one to the consequences of his or her actions. Overall, reading diverse literature and getting to discover mankind’s commonalities enables one to uncover a wide range of premises upon which different literally works are written. Additionally, this experience allows one to take note of the fact that different literally works are based on real-life events and activities, which affect mankind in different ways and under different circumstances. However, these problems do also share common solutions. Works Cited Conrad, Joseph. Heart of darkness. New York: Plain Label Books, 1975. Print. Kafka, Franz. The metamorphosis: literary touchstone. Clayton, Delaware: Prestwick House Inc, 2005. Print. Kafka, Franz, and Jarvis, Martin. Metamorphos is. New York: Lulu.com, 2008. Print. This essay on Franz Kafka’s ‘The Metamorphosis’ and Joseph Conrad’s ‘The Heart of Darkness’. Theme Analysis was written and submitted by user DogBrother#1 to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Sunday, November 24, 2019

Louis riel essays

Louis riel essays Viewed by some as a savior, and others as a traitor, Louis Riel, The Father of Manitoba, nevertheless became the voice of the Mtis people during an unstable time in Canadian History. From 1869 to 1885, Riel was the political (and quite possibly spiritual) leader of the Mtis and their struggle to secure a place in western Canadian society. In January 1869, The Hudsons Bay Company sold much of its land to the Canadian Government. Deciding that the Mtis farms would be a good place to install English-speaking settlers from Ontario, the Government sent out surveyors that summer from Ottawa, disregarding any Mtis rights and treating the people with great ignorance. Louis Riel and other Metis stopped the surveyors faced with the threat of losing their land, the Mtis decided to resist by forming a National Committee and setting up a provisional government. By forming a National Committee, the Mtis managed to prevent the Governor from entering Red River and seized Upper Fort Garry. The angry settlers fought back but were surrounded and held prisoner including the very obnoxious Thomas Scott. In an attempt to negotiate with The Government, Riel set up a provisional government in early December. Wanting to become more than just a territory, The Government sent out men to negotiate with Riel and a winter agreement seemed to be headed their way. Peace ended when Canadian settlers attacked the Mtis of Upper Fort Garry. The Mtis managed to capture Thomas Scott again and sentenced him to death. To many English-speaking Protestants in Ontario, this was cold-blooded murder and called upon the Mtis for revenge. French-Canadians felt a common bond with the Mtis causing a massive emotional split in Canada. At this point, the Canadian Government stepped in by sending troops and beginning negotiations with the Mtis. The end result became the Man...

Thursday, November 21, 2019

Write Policy memos about suitable topic you can choose in Saudia Essay

Write Policy memos about suitable topic you can choose in Saudia Arabia, i attachment the paper has a directions you must follow - Essay Example andards practices while recruiting foreign workers for the Kingdom of Saudi Arabia; they do not inform the migrant workers about the actual salaries and working conditions; instead, they lie to them. In this memorandum, an attempt has been made to highlight abuse and exploitation the migrant workers face, and it is the purpose of this memorandum that the Ministry of Foreign Affairs (Kingdom of Saudi Arabia) must take note of the plights of foreign workers and act upon the recommendations provided in the paper. The existing Kafala (sponsorship) system fuels abuse and exploitation of the migrant workers in the country. Under the Kafala system, the migrant workers are tied by the employer’s consent and wish; the employer assumes authority to hire migrant workers and to grant permissions to workers to enter, transfer, or leave Saudi Arabia. The existing conditions of the Kafala system extend substantial power over the worker. According to the statistics department of Saudi Arabia, over 8 million migrant workers work in the country (Ghafoor). Aggregately, this figure is one-third of Saudi Arabia’ total population. The migrants mainly come from India, Pakistan, Bangladesh, Indonesia, Sri Lanka and Philippines. They offer their services in the sectors such as health, domestic service, construction, and other business sectors. Human Rights Watch report maintains that actual statistics of domestic workers considerably vary in the country. The report highlights that such data are not publically available and consequently it becomes very challenging to rely on the provided statistics and, at the same time, search out the registered workers as well. Furthermore, the report highlights that the employers remain less inclined to obtain a national identity card, known as iqama, for migrant domestic workers. However, the reports clearly indicates that approximately 30,000 to 40,000 migrant workers come every month in the kingdom through different recruitment agents and