Monday, September 30, 2019

Personal Health Assessment Essay

Overall, there are six dimensions of health that can be examined to determine if a person is healthy and fit or to see what area in his or her life needs improvement. This includes physical, psychological, spiritual, social, intellectual, and environmental dimensions. â€Å"When all of the six dimensions are at high levels and in balance, we have optimal health and well-being† (Blonna & Watter, 2005, p. 5). The three dimensions of health that I feel I am strongest at are the physical, sscial, and intellectual dimensions. Physically, I am contented with how I look and feel. I believe that I am healthy and that I take the proper precautions to take care of my body. Being free from any illnesses does not mean that a person fulfils the physical dimension of health. I think that one has to be satisfied about his or her overall health and body in order for him or her to say that he or she is physically healthy. In addition, being positive about how a person sees his or her body contributes to a better physical health. I would also like to indicate that I fulfil the social dimension of health since I do not have a problem reaching out to people. I have excellent relationships with my friends and family and this helps me grow as a person. I believe that keeping this dimension healthy is important because having people that would support you greatly contributes to a person’s well-being and improvement of the other five dimensions. The third dimension of health that I think I am strongest at is the intellectual dimension. I believe that I think clearly and that I can understand things the way they should be understood. I am very open-minded when it comes to arguing and accepting things that are not in line with my beliefs. I can argue with other people rationally and with the right common sense. On the other hand, I feel that my spiritual dimension needs improvement. â€Å"Spiritual wellness is the state of harmony with yourself and others. It is the ability to balance inner needs with the demands of the rest of the world† (Edlin, Golanty, & Brown, 1999, p. ). With our fast paced world, it is very hard for one to sit down and think about these kinds of things. There are so many distractions around us that we forget to think about our spirituality. I think that it is important for me to address this issue at this time because it would help me improve my overall well-being. I understand the importance of spiritual life and I would like to engage myself better with this area. For a person to impro ve, he or she needs determination and commitment. Improvement, especially in the area of spirituality, would not mean anything if there is no purpose behind it and if the person is doing it just for the sake of saying he or she has improved. I would like to start off by trying to learn more about what I want in terms of spiritual fulfilment. I would then gradually engage myself in my religion and take small steps to improve my inner self. I think that I would have to get to know myself better in order for me to realize what I want and need. Personally, I expect to learn from this course ways on how to know myself better, how to improve myself completely, and how to determine which areas in my life need improvements the most. Although determining is easy, it is better to learn through a knowledgeable instructor and through related materials and activities. Taking this course would also make it easier because I will be able to learn with a group of other people and not just by myself.

Sunday, September 29, 2019

Globalization as Neo Colonialism Essay

When in the 1950s and 60s, most colonized countries and territories across the world threw off the yolk of colonialism, there was tremendous hope and anticipation that a new era of hope, independence, freedom and self – determination was about to unfold. In most cases, it was with great reluctance that the colonial masters granted independence to their erstwhile colonies from where they had for generations held the total control that had enabled them to exploit human and material resources and perpetuate themselves in the social economic and political lives of their subjects. In Kenya and Algeria for instance, it was with extreme violence that independence was won. Thus, the Mau-Mau Movement of Kenya and the Algerian War of Independence remain to this date, significant watersheds in the movement for independence especially among African countries. However, independence has not always resulted in the anticipated changes. In some countries, once the common enemy in form of the colonial masters was rid of, local differences manifested, sometimes resulting in bitter wars. The 1947 Indo – Pakistani war is a case study. There are many other instances including Congo, Nigeria, Malaya, and even recently in Western Sahara, Eritrea and East Timor, among others where the fight for independence and independence itself has resulted in wars and strife. Sometimes, independence has come along with baggage of grief, blood and a plethora of painfully crushed hopes. Some thinkers argue that the colonial powers put in place mechanisms to ensure that the new states fail, or to allow them to continue to control the newly emergent countries even after independence. The close social, political and economic ties and relationships between former colonies and former colonial powers seem to favor this argument. Thus, 44 years after independence, Britain is still one of Nigeria’s biggest trading partners. The close ties between France and Francophone Africa, and even the US and say, Philippines lend credence to this theory. One can hardly dispute this view in light of overwhelming evidence. However, as the world continues to experience changes, the concept of neo colonialism is fast fading out of fashion. Newer and more sophisticated, yet more subtle movements are taking over, the most important of which is Globalization. The mass movement of capital, aggregated by effortless flow of human and material resources across seamless borders represents new and more challenging phenomena especially in a uni-polar world characterized by the opening up of new markets and the rise of global terror as the powers that control the global media would want us to imbibe.(Maybe Mercuse should rise and produce a new edition of his ‘One Dimensional Man’ Or Toffler should write on ‘One Dimensional Mind’). While the poorest countries in the world (usually African), are yet to be fully integrated into the emergent global market that has not stopped the negative impact of colonialism from being felt. African countries are faced with increased marginalization in the global economy and poverty is on the increase. Reports have indicated that sub Saharan Africa is the only region in the world where the living standard has actually fallen over the last 20 years or so. In the world of today, control of human and material resources is not done through forceful domination of people through military subjugation, even though President (Professor?) Bush is working hard to disprove that fact. But it remains that the new form of control is spearheaded by international finance organizations aimed at consolidating a global economic structure that very often has its head offices in New York, London, Tokyo, Paris, Frankfurt, and other investment hubs across the world. (The Chinese have just discovered this ice cream and have set about claiming their share with characteristic speed). The Gatlin guns are frozen. There are no more massacres like the 1904 Maji – Maji Revolt in Namibia where German troops systematically gunned down an estimated 60 – 80, 000 Africans. The Berlin Conference of 1884 – 1885 that partitioned Africa has been replaced by GATT, and in today’s parlance, the World Trade Organization. These days, African tribes do not need to be set upon each other while the colonial masters mop up colonies from where human and material resources were exploited. (We can do that all by ourselves, as we have demonstrated in Rwanda). The world has gone beyond such crudity. We call it free trade, and the final arbiter is the World Trade Organization whose aim is seemingly to allow a few rich countries and corporations dominate global capital and global resources. The colonial powers of today do not need military might and occupation to control the lives and destiny of billions of people in their former colonies. Perhaps in the not too distant future, Microsoft or Citi Group will have a seat on the United Nations. After all, these two companies alone generate more wealth every year than all of Africa’s 700 million people. Incidentally, the globalization of capital and other related resources is a continuation of a historical process that began with the mercantile era or indeed, is as old as man. The Dutch East Indies and the Royal Niger Company of 200 years ago are the HSBC, Barclays, USB and other multi nationals like Coca Cola, McDonalds, Exxon Mobile, Royal Shell, Sony, Philips and many others whose goal seems to be the aggregation of capital in as few hands as possible. No need to send a Cortez or a Columbus or a Drake or Cook on expeditions for huge profits. This is the Global age and a few computer screens will tell you exactly what is going on across the globe in an instant. (Remember Wall Mart’s Global Screens?) So for those who may think that colonialism is a thing of the past, it is time to think again. Imperialism and dialectical materialism as envisaged by a certain famous philosopher might not have come to pass, or at least, not as he predicted. But the sad fact remains that today, more than at any age in thousands of years of human domination through occupation and colonialism is witnessing the concentration of more wealth in the hands very few. Recent figures show that the top 5 percent control about 70 percent of global resources. And this was facilitated by Globalization. So the fact should be accepted that Globalization is another (digital?) form of Colonialism. It is good thing that most of us do not realize it.

Saturday, September 28, 2019

Aztec Civilization Essay Research Paper The Aztec

Aztec Civilization Essay, Research Paper The Aztec Indians created a great civilisation in Central Mexico, making its extremum in the 1500 s. Being late reachings to the country, and because of their strong adjacent states, they were forced to populate in the boggy western countries of the Lake Texcoco. Because of the boggy milieus, the Aztecs used clay to make illumination islands in the swamps. These islands are called chinampas, or drifting gardens, and were used as agrarian lands. On these fertile islands they grew maize, squash, veggies, and flowers. Bing an agriculturally dependent imperium, the Aztec s faith was based extremely on the forces of nature and worshipped them as Gods. The God of war, Huitzilopochtli, was the most of import divinity. They had many other of import Gods, such as Tlaloc, the God of rain, Quetzalcoatl, the God of air current and of acquisition, and Tenochtitlan, the Sun God. The Aztecs believed in order to pacify these and many other Gods that they needed to execute human forfeits. The chief intent of the great Aztec pyramids was, in fact, human forfeits. They besides believed that there were lucky and luckless yearss for baptism and to declare war on, which were decided by a priest. Most art and architecture in the Aztec civilisation was based on their faith. There are many brilliantly colored wall paintings and pictures on walls and on bark which depict spiritual ceremonials, along with big graven images of Gods. One of the most astonishing and celebrated of the Aztec s art works is a immense calendar rock that weighs 22 dozenss and is 12 pess in diameter. On the rock is a image of what the Aztecs thought the existence was like. The Sun God is in the center, with the celestial spheres environing it, and images of people made out of cherished rocks. The Aztec signifier of authorship was in pictographs, or little images typifying objects or sounds. The Aztec enumeration system used pictographs besides, and was based on the figure 20. For illustration, a flag represented 20, a fir tree R epresented 20 times 20, or 400, and a pouch represented 400 times 20, or 8000. The capitol of the Aztec Empire was Tenochtitlan, which was built where contemporary Mexico City is. It was given the nickname Venice of the New World, because it had many canals. During the height of the Aztec civilisation, the population of this great metropolis numbered more than 200,000. This made it one of the most populated metropoliss in the ancient universe. The metropolis was connected to the mainland by 3 causeways, which, when flooded, served as protective butchs. In the metropolis aqueducts, which was likely the first type of indoor plumbing, brought fresh H2O into places. Many people used canoes to go through the metropolis. Most of the houses were made up of clay and distorted branchlets, but the aristocracy and priests had plastered brick or rock houses. In 1519, Spanish adventurer Hernando Cortes and more than 500 other Spaniards landed on the shores of Mexico in hunt of gold. The Aztecs welcomed the Spaniards and gave them gifts, because they thought they were Gods. Cortezs became greedy when he saw the tremendous sum of wealths that the Aztecs had. He took the Aztec leader, Montezuma, surety, and forced him to curse commitment to Spain. There the Spanish remained without opposition until, in Cortes absence, one of the officers massacred over 200 Aztecs while they had gathered for a spiritual ceremonial. This caused the Aztecs to revolt, and they drove the Spanish to the sea. Montezuma was killed in the combat, so he was replaced with a new leader, named Cuitlahuac. He merely ruled a few months, and so he died of a disease. Montezuma s nephew Cuauhtemoc so took over. The Spanish retreated to a nearby metropolis and rallied together to siege Tenochtitlan. The Aztecs were no lucifer for the Spanish arms, and they surrendered in Augus t of 1521. This marked the terminal of the last of the staying Native American Indians. Today, most of the posterities of the Aztec civilisation live in Mexico, where the Aztec Empire used to boom.

Friday, September 27, 2019

Problem-solution essay Example | Topics and Well Written Essays - 1000 words

Problem-solution - Essay Example Their behavior was a result of the severe psychological problems developed in result of unfriendly treatment by their classmates. The tragedy occurred with David and Paul is not just a unique case that should be recognized as an accident. However, this accident could have been avoided if both boys had enough proper parental care, if there were developed effective social programs against income and racial inequalities; and government bodies have restricted the gun control legislation. The accident could have been avoided if both boys had proper parental care and awareness of their sons. Lack of proper parental care was one of the main problems that have caused the tragedy at the public high school, attended by David and Paul. Parents had to try to understand this issue and pay more attention to their children, increase their parental care and awareness. While Paul and David were adolescents’ age, they needed more attention from the closest people, who would be able to understand their problems. Even though the parents of these teenagers were not directly mentioned in the case, their indirect participation or better to say lack of parental participation in the lives of their children was a critical point. First of all, parents are the people who should listen to their children, support them and help to solve their problems. Considering this parental responsibility, David’s and Paul’s parents had to resolve the psychological problems of their s ons by taking effective measures. They could speak by their own with sons, support them and give useful advice, provide them with a psychological support and optimism. If this failed to work, there was an alternative to hire a specially trained psychologist, with experience in working with adolescents. Also, David’s and Paul’s parents could take a decision to change school and thus to â€Å"relieve† boys from the unfriendly social treatment. However, neither David nor Paul

Thursday, September 26, 2019

Assessment of Lipase Activity in Pancreatic Extracts Essay

Assessment of Lipase Activity in Pancreatic Extracts - Essay Example (Sizer, Piche and Whitney 2011). It binds the fat molecules on one end and the watery compounds on the other end. On binding to the fat, they form micelles. This process is called emulsification. Bile salts are the derivatives of cholesterol having both hydrophobic and hydrophilic domains. (Madenci and Egelhaaf 2010).The bile breaks down the large aggregates of triglycerides by binding them with the hydrophobic ends and separating the molecules from the aggregates. (Jenkins and Hardie, 2008).The droplets become smaller and smaller by binding to the bile. When the food enters the small intestine, the gall bladder contracts and sends the bile into the intestine. The gall bladder stores the end products of liver including bile salts. Pancreas is a long fat gland that is present behind the stomach and opposite to the first lumbar vertebra. Pancreas is made up of glandular epithelial cells. The clusters contain the acini cells called as acinar cells. (Williams 2001). Pancreas consists of a head, body and tail. Pancreas is connected to the duodenum by two ducts. Pancreas is the gland that contains both exocrine and endocrine parts. It has the retort shaped flask. It is 12-15 cm in length and weighs 90 grams. Every day pancreas produces 1200 – 1500 ml of pancreatic juice. (Pandol 2010). ... The exocrine pancreas secretes a juice containing two components: they are pancreatic enzymes and aqueous alkaline solution. The pancreatic enzymes are secreted by the acinar tissue containing the acini epithelial cells. (Williams 2001). The pancreatic enzymes are very important for our body because they can digest almost all the components of the food without the requirement of other enzymes. The aqueous water component is rich in sodium bicarbonate. The pancreatic enzymes are pancreatic amylase, pancreatic lipase, trypsin, chymotrypsin, carboxypeptidase, ribonuclease and deoxyribonulcease. The protein digestive enzymes are produced in the inactive form only. (Pandol 2010). Pancreatic lipases are the only enzyme that can digest the fat. The pancreatic lipase digests the triglycerides into mono glycerides and free fatty acids. The pancreas enzymes are very active in the neutral pH which is provided by the aqueous alkaline solution. Lipase binds to the oil-water interface of the trigl yceride water droplet and hydrolyzes the triglyceride. (Sherwood 2008). Bile acids and colipase are very important for the complete lipase activity. Bile acids increase the surface area for the action of the lipase enzyme. They form micelles with the fatty acid and monoglycerides. By this action the glycerides are removed from the oil-water interface. (Pandol, 2010). The triglycerides are now converted into mono glycerides, free fatty acids and glycerol. These molecules are not absorbed directly by the mucus lining of the digestive tract. The mucus lining have aqueous environment and glycerides are hydrophobic. (Reis et al. 2009). The bile salts shuttles the lipid molecules and enters the adsorptive cells of the intestinal villi. These cells are now

There are three topic in the file. choose one of them. thanks Essay

There are three topic in the file. choose one of them. thanks - Essay Example From the inception of patriarchal society, women’s labor has been carefully and systematically neglected and pushed to the background. It has never been acknowledged as pertinent to the main economic sources and centers of power. America, with its Puritan origins, strictly adhered to narrow gender roles, as religion dictated. The duties of women had been, traditionally, confined to the home and the hearth. They were the biblical ‘helpmates’, the passive caretaker of their children and their husband, while men were exalted as brave, noble and powerful in their ability to provide for and protect their women. In the 19th century, rapid industrialization produced a demand for cheap labor in America. Rural men who began to throng the busy cities in search of work seized this opportunity. Economy saw a shift from an agrarian mode to the dominance of waged labor. The vision of the earning man and the meek mother and wife – the ‘angel of the house’ - b ecame a cultural stereotype that was repeatedly reinforced through the literature and the politics of the day. However, the social climate was slowly changing. During the 1820s, women, especially young farm girls, began to participate in waged work as demand for labor rose. Women began to occupy a substantial position in the economic scheme of the newly industrialized nation. (Figart 1) The division between the spheres of the glorified male and degraded female labor saw a definite change in the 20th century United States. Emma Goldman, in her radically anarchist essay, champions the rights of worker, both male and female, over the state-issued exploitative policies of a greedy, capitalist society (Goldman). American Women Workers in the early 20th century As women became integrated within the larger economic network, the number of paid women workers began to increase. In the 20th century, for the first time in the history of the nation, women labor became an ‘established prese nce’ in the industrial set up. (Figart) However, while capitalist exploitation was a predominant evil of the American society, severe gender bias created an added problem for the female workers. In the early 20th century, they were still social and cultural stigmas associated with married women workers, unless they could provide evidence severe financial necessity. Furthermore, on the hand, the patriarchal order of society began to perceive threats in the increasing number of financially independent women who were now competing with men for their of the job market, since female labor cost less and were more easily exploitable. The women were not only victimized by their employers, economically and physically, but also by the larger society through marginalization and stigma. Racial and class divisions were crucial features of labor politics. When the viciousness of the First World War (1914-1918) took the men away from home, white, middle class women began to emerge from thei r sheltered existence and took on the novel role of the ‘breadwinner’. Previously, waged work was limited to the colored, poor or immigrant women. Now, with the inclusion of the educated middle women’s work, for the first time, gained an amount of prestige and social approval that

Wednesday, September 25, 2019

Buyer Behavior Essay Example | Topics and Well Written Essays - 750 words

Buyer Behavior - Essay Example Globalization has contributed to the complete transformation of the fashion industry coaxing the fashion magazines to cater to a wider consumer base, and include articles, editorials and fashion insights which are globally competent and relevant. Vogue and Elle, are two of the oldest and most esteemed brands in the world of fashion which have the power to influence societal ideologies through their articles and depiction of women’s fashion. The magazines’ primary goal of catering to the huge female customer base, and their association with known international brands, by way of advertisements and sponsors, have contributed to the creation of a unique brand image. Clothes represent identity and the fashion magazines such as Vogue and Elle bank on their grasp on the industry, to promote their respective products by indulging in aspirational marketing tactics, and endorsing the concept of self-esteem and image of their female consumers (Tungate, 2008; Easey, 2009). Fashion, in contemporary times has assumed greater significance, and has become an inevitable part of our cultural identities. Clothes today are not mere pieces of garment but symbols of one’s self-image, personality, status and values as well (Craik, 2009). Recently there has been a slight shift in the target market segment for fashion magazines, which initially catered to a young female consumer. Due to changing cultural ideologies, the concept of fashion which was invariably associated with youth and beauty, has now begun to accommodate a wider age group, as is apparent from the marketing strategy of Vogue. Beauty and fashion are no longer restricted to age younger age groups. High end magazines such as Vogue for instance, are breaking this cultural conundrum by catering to women... The study of consumer behaviour that is presented in this essay helps the management in establishing a marketing strategies and in marketing their products to the specific target markets identified in the process. As observed in the case of Vogue and Elle magazines, that are used as examples in this essay, the fashion magazines mostly cater to high end fashion conscious female consumers, hence the target market for both the magazines, more or less, comprise of consumers with similar characteristics. The buying behaviour of the consumers is influenced by their perception of self, which is used as a fundamental frame of reference while buying any brand or a product. The final decision to buy a product is influenced by matching this self image with the qualities endorsed by the brand. The premier fashion magazines, have also included innovative marketing tactics, that were described in the essay, such as including intelligently scripted editorial sections, and simultaneously retaining t heir lavish fashion spreads by way of adverts featuring high end lifestyle brands such as perfumes. Almost all the fashion magazines bank on the revenues from advertising as their primary source of cash inflows, their brand positioning and market segmentation strategies, are of key significance to both the fashion stalwarts. In conclusion, the researcher states that Vogue and Elle, have so far successfully stayed afloat in the industry which is growing at a rapid rate, thus indicating their successful marketing strategies.

Tuesday, September 24, 2019

Paraphrasing Assignment Example | Topics and Well Written Essays - 250 words - 2

Paraphrasing - Assignment Example (Audubon 1990, pg. 17) Research has shown that out of the one thousand lives lost as a result of bicycle accidents three quarters results from head injuries and half of these deaths affect school children. Another study also indicated the use of helmets reduces chances of head injury by approximately 85% through provision of a cushion to head as well as the absorption of shock (Unused life savers Consumer Report 1990, pg. 348). Matisse in the most excellent artist among the contemporary artists in making realistic scenarios to his viewers; an example of his work is the Casbah Gate which is mostly known to many of his fans as the Bab el Aassa. It exhibits a feeling of the breeze as essential to well-being and a smell of oranges as crucial to constant life. This piece of work is strategically located on a wall near the Sultan’s palace. The painting on the wall is made by rough pieces of ivory to form an aqua blue together with a rose that is surrounded by a gray outline to give the viewers a feeling of tangier afternoon as well as an artful occurrence of the bowaab which faces the entry of the Gate (Plagens1990, pg. 50) Despite the fact that Sear Towers is considered as the greatest achievement in the Skyscraping Engineering dimension, engineers as well as architects are still enthusiastic to develop the tallest buildings in the world. This has raised concerns on the maximum height in which buildings can be erected. A building twice as high as the Sear towers has been designed by the famous Structural Engineer William and has a dimension of half a mile in height. Research by Sobei depicts that the contemporary technology can capacitate the construction of a five hundred story tower (Bachman 1990, pg.

Monday, September 23, 2019

Retails industries in UK Dissertation Example | Topics and Well Written Essays - 5250 words

Retails industries in UK - Dissertation Example Research shows that when the economic aspects of the country were steady and reliable, the consumer confidence was at its highest. This is evident from the fact that before 2007, when employment levels and positive externalities prevailed in the economy, UK consumers spent lavishly. However, growing inflation forced British people to change their money management philosophy from earn more and spend lavishly to spend less and save more. Everything is expensive in UK at present except the people. Many of the British families are currently struggling to find enough funds for managing their monthly family expenses because of higher inflation. From September 2007 onwards, a strong decline in consumer spending has been observed. Moreover, consumers started to stay away from borrowing options available to them from 2007 onwards. Earlier, the general trend among British people was to spend lavishly and approach the banks or other financial institutions when they are in need of money. Banks a nd other financial institutions in the past, dispersed mortgages to all people who approached them irrespective of their financial abilities or the credit histories of the borrowers. As a result of such inappropriate lending policies, many British banks faced problems in the recent past. At present banks in Britain are granting loans or mortgages only after thoroughly investigating about the credit histories of the borrowers. Thus, people are struggling to find enough money for lavish spending at present. ... This literature review focuses on the retail industries in the UK, specially the segmentation in this sector, as well as how the financial crisis affected it. Basic Trends in Retail Sector of the UK Lower Consumer Confidence: Research shows that when the economic aspects of the country were steady and reliable, the consumer confidence was at its highest. This is evident from the fact that before 2007, when employment levels and positive externalities prevailed in the economy, UK consumers spent lavishly. However, growing inflation forced British people to change their money management philosophy from earn more and spend lavishly to spend less and save more. Everything is expensive in UK at present except the people. Many of the British families are currently struggling to find enough funds for managing their monthly family expenses because of higher inflation. From September 2007 onwards, a strong decline in consumer spending has been observed. Moreover, consumers started to stay awa y from borrowing options available to them from 2007 onwards. Earlier, the general trend among British people was to spend lavishly and approach the banks or other financial institutions when they are in need of money. Banks and other financial institutions in the past, dispersed mortgages to all people who approached them irrespective of their financial abilities or the credit histories of the borrowers. As a result of such inappropriate lending policies, many British banks faced problems in the recent past. At present banks in Britain are granting loans or mortgages only after thoroughly investigating about the credit histories of the borrowers. Thus, people are struggling to find enough money for lavish spending at present. Apart from the

Saturday, September 21, 2019

People Led District Disaster Management Essay Example for Free

People Led District Disaster Management Essay Soon after the Orissa Cyclone and thereafter the Gujarat earthquake the Government of India prioritized a national policy on disaster management and advocated a change of direction from a post disaster reactive approach to a proactive stance before the occurrence of disasters, provided a new legal framework and greater harmonization of disaster management efforts. The policy set forth principles (including significant community role and active civil society participation), objectives (including emphasis on prevention, DRR and promoting regional and national cooperation), strategies and provisions for promoting inter-sectoral complementarities. The Disaster Management Act 2005, mandates National, States and district authorities to develop policy, guidelines, plans for proper implementation of Disaster management plans to reduce adverse impact on communities and to facilitate timely and effective response. It stresses upon inclusion of mitigation, preparedness and DRR measures into development. As a result SDMAs in various states initiated development of district disaster management plans. However, some plans were merely a collection of contact phone numbers of important authorities and departments from the district. There were significant gaps in these operational plans mainly due to non availability of a standard framework, lack of expertise and dedicated resources. Lack of community participation and that of relevant stakeholders in the preparation process has resulted in lack of ownership among intended users and beneficiaries. Disasters tend to happen to people at risk. People are at risk because they are vulnerable to hazards. This vulnerability can be best reduced by increasing people’s capacities to deal with underlying social, cultural and physical factors. The key to successful disaster management plan is to ensure involvement of people who are victims and who are at risk or could be potential victims. If this is not practiced it is often unsustainable, costly and ineffective. Most DDMPs in the country lacked participation of affected communities and civil society. A participatory community level disaster management involves a cross section of people in the design and development process of the plan. When local people develop these plans there is more interest, greater ownership and understanding resulting in successfully reducing suffering and losses. The key principles of this approach thus are: * Community themselves are best placed to prioritize threats and take effective risk reducing actions. The best time to reduce the impact of disasters is before the next disasters occur. Hence, preventive actions should be integral part of the effective disaster management plan. * The identification and mapping of hazards along with who and what may be affected is necessary before risk reduction plans can be made. * Progress has to be well publicized to maintain interest and strengthen the culture of disaster reduction. An example of this is found in the recent NDMA/SDMA collaboration with civil society coming together to develop community led DDMP in Madhubani. One of the basic highlights of the Madhubani DDMP process is that though it oriented towards response but it also incorporates reduction and prevention thrust. Incidentally, prevention has been recognized as an important aspect of DDMP by the district and state/SDMA but also in the poverty reduction strategy. As a result of DDMP several agencies/departments in Madhubani have shown willingness to incorporate prevention measures in their regulations, such as the building codes by the town planners that regulate development of settlements. It was encouraging to note high level of commitment from various stakeholders to improving DRR mechanism. Tearfund has been working along with its partners to lobby with governments at all levels for influencing the policies and development of effective people friendly plans. The Madhubani DRR project implemented by its partner organisation EFICOR in 30 villages in Madhubani was instrumental in development of pilot District Disaster Management Plan (DDMP) along with support from SPHERE India. The strength of this pilot has been the process it has embarked upon wherein involvement and participation of all level of stakeholders from community to district/state/national government authorities in development process of this DDMP. In view of intensive involvement of all relevant stakeholders the pilot has received good response and acceptance from the NDMA and SDMA. This is considered as the first ever attempt in developing a DDMP which has come up from the active involvement of first respondent in any natural disasters. As mentioned above the thrust of development of DDMP is that it is being developed involving affected community, hence, the approach has been bottom-up, however at the same time, all relevant stakeholders, be it government departments or the NGOs and other actors have been involved and participated at all stages of development of the plan. This is truly a plan developed by the people and for the people. This plan has also influenced many other civil socieities to take up similar preparations for other districts and states with the support of NDMA.

Friday, September 20, 2019

Definitions and Overviews of Intellectual Disabilities

Definitions and Overviews of Intellectual Disabilities Outcome 1: Define Intellectual Disability TASK 1 1.1 Give 2 definitions of intellectual disability in accordance with a recognized source. Follow prescribed APA format when citing sources. Definition 1: Intellectual disability causes limitations in intellectual functioning as well as in adaptive behaviors that include many skills which is needed every day. The onset age is under 18. Source: FAQ on Intellectual Disability, American Association on Intellectual and Developmental Disabilities, retrieved from: http://aaidd.org/intellectual-disability/definition/faqs-on-intellectual-disability Definition 2: Intellectual disability is a term used for when people has certain limitations in functioning mentally and in skills such as communicating, performing activities of daily living, and in his or her social behavior. Children with this ability may develop their skills (walking, talking, etc) at a delayed time as compared to normal. They may also have trouble with learning- it usually takes them a longer time to learn new skills. Source: National Center on Birth Defects and Developmental Disabilities.(2005) Intellectual disability, retrieved from: http://www.cdc.gov/ncbddd/actearly/pdf/parents_pdfs/IntellectualDisability.pdf 1.2 Using a definition of intellectual disability give 2 explanations of how this impacts on the persons adaptive skills: People with intellectual disability experience impairment in their ability to comprehend information. As a result, they have a hard time with reading comprehension, handling money, dealing with numbers and time. Due to their impaired social functioning, they also find it hard to socially deal with others. They don’t recognize the laws of society and they have a limited ability to follow rules. Using a definition of intellectual disability give 2 explanations of how this impacts on the cognitive abilities: Reasoning People with an intellectual disability cannot reason like normal people. They lack the ability to explain why they do certain things or why certain things happen. This is due to their impaired intelligence. Learn and apply what is learnt- Intellectually disabled people have a hard time to gain new knowledge. It is difficult for them to process new information and understand new skills. Outcome 2: Describe the causes of intellectual disability TASK 2 2.1 Give 2 examples of causes of intellectual disability that occur before birth and describe two (2) main characteristics of the effects. Example 1: Fragile X syndrome Source: National Fragile X Foundation. (1998-2014). Fragile X Syndrome, retrieved from: http://www.fragilex.org/fragile-x-associated-disorders/fragile-x-syndrome/ Main characteristics: Physical features of FXS patients include: large ears, long face, macroorchidism, infections in the ears, flat feet, high arched palate, fingers with double joints and hyper-flexible joints Behavioral characteristics for FXS patients may include the following: Attention Deficit Disorder, Attention Deficit Hyperactivity Disorder, Autism and Autistic behaviors, social anxiety, hand-biting and or flapping, poor eye contact, sensory disorders and high risks for aggression. Example 2: Prader-Willi Syndrome Source: Suzanne B. Cassidy, MD. (2012). Parder-Willi Syndrome, Genetics in medicine, 14, p10 Main characteristics: People who have Prader-Willi Syndrome have severe hypotonia. Therefore their sucking is poor in their early infancy. They are characterized by excessive eating and not able to control eating. 2.2 Give 2 examples of causes of intellectual disability that occur during or immediately following birth and describe 2 main characteristics of the effects. Example 1: Trauma Source: Merck Sharp and Dohme Corp. (2010-2013). The Merck Manual, Home Health Handbook, retrieved from: http://www.merckmanuals.com/home/childrens_health_issues/problems_in_newborns/birth_injury.html Main Characteristics: Head and brain injury. Swelling of the scalp and bruising may occur due to birth trauma. Bleeding between the periosteum and skull causes a haematoma, usually in the parietal region and sometimes the occipital region. Nerve Injury. Sometimes, when forceps used to assist delivery puts much pressure on the facial nerve, weakness on one side of the face results. This injury becomes evident when the newborn baby cries and the face appears to be asymmetric. Example2: Cerebral Palsy Source: Karen W. Krigger, M.D., M.ED., University of Louisville school of Medicine, Cerebral Palsy: An Overview, Kentucky Am Fam Physician. 2006 Jan 1; 73(1): 91-100, retrieved from: http://www.aafp.org/afp/2006/0101/p91.html Main Characteristics: Cerebral palsy is characterized by motor function impairment. It causes activity limitation. People with cerebral palsy exhibit cognitive and sensory impairments. 2.3 Give 2 examples of causes of intellectual disability that occur during childhood years and describe the impact on the day-to-day support needs of the person. Example 1: Brain Tumor Source: PMC: US National Library of Medicine, National Institute of Health. January 2008. â€Å"Caring for the Brain Tumor Patient: Family caregiver burden and unmet needs.†, retrieved from: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2600839/ Impact: Patients with brain tumor need various supports in their day to day lives. Psychosocial support is one of them. It is important for them to learn how to handle the stress of a chronic illness, as family members realize that their lives will be forever changed by the uncertainty that surrounds this diagnosis. It is therefore important for the support provider to make sure the patient and family understands the impact of this illness to them and provide them of ways on how to cope and possibly live a close to normal life. Also, for the caregivers, it is important that they are always prepared for the possibility of disease progression. Even though a patient is stable for a certain period of time, the caregiver will always feel the wear and tear of caring for this patient. Thus, it is important to make sure that caregivers are also taken cared of to ensure quality care. Example 2: Meningitis Source: Kelli de la Rocha (2014). Intellectual disability. NYU Langone medical center. retrieved from: http://pediatrics.med.nyu.edu/conditions-we-treat/conditions/intellectual-disability# Impact: Children with intellectual disability caused by meningitis can’t learn skills and any knowledge as fast as other children with same age. So supporters need to wait for their achievement with patient. And also they need to be aware of the risk that the children experience seizure, and then they should be trained for coping with them suffering seizure. Outcome 3: Describe conditions frequently associated with intellectual disability. TASK 3 Condition 1: Cerebral Palsy Causes/s: Cerebral Palsy can be caused by having injury of brain before brain development is completed. Usually brain develops within 2 years after birth, so Cerebral Palsy can be occurred during prenatal or infant period. And birth complication can also cause this condition. But many cases get this condition from unknown causes before birth. Main characteristic 1: Cerebral Palsy is characterized by motor function impairment. It causes activity limitation. Main characteristic 2: People with Cerebral Palsy exhibit cognitive and sensory impairments. Physical support: People with Cerebral Palsy suffer from hypotonic and rigidity. So physical therapy is useful to support them physically. Effective physical therapy can help them to improve their muscle. Recent studies report that intensive exercise is effective. So support worker can make a schedule for resistive exercise four times per week. Social support: People with Cerebral Palsy can be easily isolated because of their handicaps. So support workers need to reduce barriers to participation in activities of school, work and society. To participate in activities, many devices are necessary. If the client can’t walk, using wheelchair could be helpful to go watching football games and cheer a team. Cognitive support: People with Cerebral Palsy can be normal intellectually, but they have difficulty in learning because of limitation of hearing, seeing, and movement. So for supporting them cognitively, support worker needs to help their study by give them enough time to understand and express or adjust knowledge. And support worker can provide some aids to improve their speech. Source/s: Karen W. Krigger, M.D., M.ED., University of Louisville school of Medicine, Cerebral Palsy: An Overview, Kentucky Am Fam Physician. 2006 Jan 1; 73(1): 91-100, retrieved from http://www.aafp.org/afp/2006/0101/p91.html Condition 2: Prader-Willi Syndrome Causes/s: Prader-Willi Syndrome is caused by genetic abnormality. They have the chromosome number 15 without genetic information that normally people have from the father. It is thought to occur entirely by chance. Main characteristic 1: People with Prader-Willi Syndrome have severe hypotonia. So their sucking is poor in their early infancy. Main characteristic 2: Obesity is commonly caused. This is a result of an excessive appetite, a permanent feeling of hunger, and hyperphagia or overeating, and a low calorific requirement which is due to low energy expenditure levels. Physical support: People with Prader-Willi Syndrome can’t control their eating because they always feel hunger. Furthermore, they can easily become obesity that causes many complications. To prevent them from being obesity, support workers need to give exercise outside where they can’t find food easily. They need regular and continual exercise, so it is important to make a schedule with various and interesting exercise to them. Social support: They should strict supervision of daily food intake. Once overeating starts between ages 2 and 4 years, supervision will help to minimize food hoarding and stealing and prevent rapid weight gain and severe obesity. Parents should lock refrigerators and all cabinets containing food. No medications have proven beneficial in reducing food-seeking behavior. A well-balanced, low-calorie diet and regular exercise are essential and must be maintained for the rest of the individuals life. People with PWS rarely need more than 1,000 to 1,200 calories per day. Cognitive support: People with PWS have difficulty controlling their emotions. Using behavioral therapy can help. Stubbornness, anger, and obsessive-compulsive behavior, including obsession with food, should be handled with behavioral management programs using firm limit-setting strategies. Structure and routines also are advised Source: Andres Martin, M.D, 1998, Prader-Willi Syndrome, Am J Psychiatry 1998; 155:1265-1273, retrieved from http://ajp.psychiatryonline.org/article.aspx?articleID=173004 Condition 3: Autism Cause/s: The condition is the result of a neurological disorder that has an effect on normal brain function, affecting development of the persons communication and social interaction skills. Main Characteristic 1: Seizure disorders, including epilepsy, occur in as many as 39 percent of those with autism. It is more common in people with autism who also have intellectual disability than those without. Someone with autism may experience more than one type of seizure. Main Characteristic 2: Almost People with autism have unusual responses to sensory input. They have difficulty processing and integrating sensory information, or stimuli, such as sights, sounds smells, tastes and/or movement. They may experience seemingly ordinary stimuli as painful, unpleasant or confusing. Physical Support: Physical Therapy (PT) is focused on any problems with movement that cause functional limitations. Children with autism frequently have challenges with motor skills such as sitting, walking, running or jumping. PT can address poor muscle tone, balance and coordination. Social Support: Individuals with autism have a great deal of difficulty with social interactions. In recent years, social skills training, in both one-on-one and peer group settings, has become a very common treatment for facing this particular challenge. Social skills taught during training sessions range from simple skills like eye contact, to more difficult skills like inviting a peer for a play date. Studies have shown that this type of intervention program can significantly improve social competence and social skill development. Cognitive Support: Sensory Integration (SI) therapy is designed to identify disruptions in the way the individual’s brain processes movement, touch, smell, sight and sound, and help he or she process these senses in a more productive way. It is believed that SI does not teach higher-level skills, but rather enhances sensory processing abilities, allowing the child to be more available to acquire higher-level skills. Source: Autism Speaks Inc. 2014. â€Å"Autism Speaks†. Retrieved from: http://www.autismspeaks.org/what-autism

Thursday, September 19, 2019

A TV Show that is Appropiate for a Younger Audience :: Free Essay Writer

A TV Show that is Appropiate for a Younger Audience Wishbone: A Little Dog with a Big Imagination â€Å"Printed Paws of Thieves" With his uncanny knowledge of famous authors, a little dog-named Wishbone is one very smart canine. The Wishbone television series has been created to introduce children to classic literature and encourage a love for reading books. The half-hour, live-action series, designed primarily for elementary school children between the ages of 6 and 12, represents an entirely new concept in educational programming. As children watch Wishbone the dog’s adventure in the world of literature, they will come away with their first taste of classic literature as well as a desire to learn more. The series stars Wishbone the dog, â€Å"a little dog with a big imagination,† who serves as a canine bridge between life and literature. Portrayed in the series by a real Jack Russell terrier, Wishbone the dog represents an articulate, clever and funny character, whose every thought, is heard by the audience. Each episode presents a different literary classic, introduced through Wishbone the dog’s active imagination and fantasies. For example in the episode â€Å"Printed Paws of Thieves† which presents the story of Robin Hood, Joe Talbot the 12-year old owner of Wishbone almost gets suspended when he helps the school lunch lady donate leftover food to a local shelter. Meanwhile, Wishbone as Robin Hood risks arrest when he robs from the rich to give to the poor. In this episode, Wishbone is wearing the typical outfit we think of Robin Hood wearing a Brown leather two-piece outfit carrying a bow and arrow and a feathered cap. Wishbone portrays the character, Robin Hood as if how we would perceive him in the classic literature story. Throughout this episode Wishbone and the other characters, Joe Talbot, David (Joe’s best friend), and Samantha (a neighborhood friend of Joe’s and David’s), reinforce the primary literary themes explored in â€Å"Robin Hood.à ¢â‚¬  Wishbone the dog represents the imaginative, playful child inside all of us. Through his wild adventures and heroic stunts, children will be introduced to some of the greatest literary works of literature. This PBS series provides a challenge for children to read, by providing signature scenes, the basic characters, and themes from classic literature without presenting the entire story so children will want to learn more about the story. It provides a foundation for the children to apply what they already know about the story from the Wishbone series to the actual classic literary form of the story so they will comprehend the story better.

Wednesday, September 18, 2019

Comparing Wide Sargasso Sea by Jean Rhys and Jane Eyre by Charlotte Bro

Comparing Wide Sargasso Sea by Jean Rhys and Jane Eyre by Charlotte Bronte In the novels Wide Sargasso Sea by Jean Rhys and Jane Eyre by Charlotte Bronte, the theme of loss can be viewed as an umbrella that encompasses the absence of independence, society or community, love, and order in the lives of the two protagonists. They deal with their hardships in diverse ways. However, they both find ways to triumph over their losses and regain their independence. The women in both novels endure a loss of personal freedom, both mental, and physical. Jane Eyre, in her blind infatuation with Mr. Rochester, allows her emotions to enslave her. She realizes her obsession when she states, "My future husband was becoming to me my whole world; and more than the world: almost my hope of heaven. He stood between me and every thought of religion, as an eclipse intervenes between man and the broad sun. I could not, in those days, see God for his creature: of whom I had made an idol" (Bronte 241). By design, Rochester seduces Antoinette and deliberately makes her depend on him. Christophine, Antoinette’s servant, in a conversation with Rochester accusingly contends â€Å"you make love to her till she drunk with it, no rum could make her drunk like that, till she can’t do without it. It’s she can’t see the sun any more. Only you she see. But all you want is to break her up (Rhys 153). After becoming totally enslaved by her feeli ngs for him, Rochester adds insult to injury by physically abusing Antoinette. Her complete and total love for Mr. Rochester, who is passionless and devoid of any empathy, causes her to lose her mind. She realizes her mistake in marrying this cold, calculating man and vehemently states, â€Å"You see. That’s how you are. A stone. But it serves me right†¦Ã¢â‚¬  (Rhys 148). Jane and Antoinette’s uninhibited desire to please those whom they love becomes detrimental to their peace of mind. Jane does everything she can to please St. John, her cousin, which ends with her completely paying no heed to her own thoughts and feelings. She realizes her dependence on his opinion, declaring â€Å"As for me, I daily wished more to please him: but to do so, I felt daily more and more that I must disown half of my nature, stifle half my faculties, wrest my tastes from their original bent, force myself to the adoption of pursuits for which I had no natural vocation. He wanted to train m... ...'I scorn your idea of love,' I could not help saying, as I rose up and stood before him, leaning my back against the rock. 'I scorn the counterfeit sentiment you offer: yes, St. John, and I scorn you when you offer it'" (Bronte 359). Jane similarly leaves Rochester when she finds out about his deceit. When Antoinette realizes Rochester does not love her, she scorns him, saying â€Å"my mother whom you all talk about, what justice did she have? My mother sitting in the rocking chair speaking about dead horses and dead grooms and a black devil kissing her sad mouth. Like you kissed mine† (Rhys 147). Although the two women are fundamentally different people, they face many similar challenges throughout their lives. Jane and Antoinette respond to each type of loss they experience differently, and these choices ultimately demonstrate Jane’s inner strength and Antoinette’s inherent vulnerability, resulting in two very different endings, one happy and the other tragic. Work Cited Rhys, Jean. Wide Sargasso Sea. Ed. Angela Smith. London: Penguin, 1997. Bronte, Charlotte. Jane Eyre. London, Penguin Books Ltd.: 1996. (Edited with an Introduction and Notes by Michael Mason).

Violence In Rap Music Essay -- essays research papers

Boom, boom! Boom, boom! The kind of bass that drains batteries and the kind of lyrics that unload clips, these are the sounds that rap music produces. I chose this topic because I am extremely interested in rap music and I want to explore the violent aspect of the industry. I have never had a chance to look at the violent side of it and I plan to find answers to questions I have in my search. Tupac Shakur is one of my favorite artists and when he was shot and killed I really started to take notice of the violence. People were getting killed because of an image that was being set. What I really want to know, however, is why rappers feel compelled to graphically describe the violence. In my search I plan to find out reasons behind the deaths of Tupac and the Notorious B.I.G. Was there some kind of connection between both of their deaths? I believe that rap music was never violent until "gangsta" rap came about. What sparked this change and who was behind it? I want to explore "gangsta" rap from the beginning until now. I want to research the major players in the rap game, who they are and what some of their lyrics are saying. Today our society is bursting at the seams with violence. There is fighting in other countries like Kosovo, shootings in schools, and violence on television. In my opinion, though, nothing has a greater effect on the youth of America than rap music. However, this isn’t a new issue, there has been violence in rap music for years. Such as, gang violence, references to drive-by shootings and homicides in songs. Since this is such a broad topic I will explore the violent side and history of the industry, the lyrics, as well as the artists. Page 2 In 1986 an unknown rap group came "Straight Outta Compton" and they called themselves N.W.A ( Niggaz With Attitudes). Eazy-E (Eric Wright) started this group along with four friends Dr. Dre (Andre Young), MC Ren (Geronimo Pratt), Ice Cube ( O’ Shea Jackson) and DJ Yella and they soon became the most controversial group ever to hit the industry. In 1989 they released the album, Straight Outta Compton, and a wave of fear was sent over the country, it was an instant classic. With disturbing song titles ranging from "F*ck Tha Police" to "Gangsta, gangsta" caused the FBI and the LAPD (Los Angeles Police Department) to invest... ...t’s most influential rappers, gangsta rap has essentially died with it. Today there is still violence in rap music, but things aren’t as bad as they were. There is still lots of references to killings and gang violence, but things have calmed down and things aren’t so tense around rap music anymore. In my search I have learned a lot about N.W.A, for instance I never knew that there was so much controversy surrounding them when they first came on the scene. I Page 7 learned a lot about artists lyrics, a lot are just due to rivalries that were formed. From the myths that I read concerning Tupac’s death I have a really strong feeling that he is still alive. In retrospect I fell that I am ahead of where I wanted to be at the end of this paper. I have such a good knowledge of gangsta rap’s roots until now and who the major players are. The one thing that surprised me was when I found out the F.B.I and LAPD investigated N.W.A. I think that was a little bit of overreacting . I felt that I made good progress on this paper, I found information that I needed and my interviewee was very cooperative. I really enjoyed doing my search, it was a topic I chose myself, so I had fun conducting it.

Tuesday, September 17, 2019

Aristotle and Metaphysics Essay

Introduction The study of metaphysics is a broad spectrum of comprehensive ideas that ultimately serve to discover the generalities of human thought. Without Aristotle, the concept of metaphysics would cease to exist. Taking this into consideration, it is evident that Aristotle plays a major part in the study of metaphysics and how we know it today. Therefore, he formulated the basic entities of metaphysics and constructed its foundation through his own philosophies. Also, after reviewing material presented by Socrates and Plato, Aristotle is able to develop an understanding of causes and substance and how it relates to metaphysics. Furthermore, actuality and potentiality are philosophical ideas that Aristotle discusses throughout his evolutionary thought-provoking beliefs. Through these instances, it is clear that Aristotle has an undoubtedly significant impact on the study of metaphysics and how it first originated. Aristotle and Metaphysics Since Aristotle founded the main ideas of metaphysics, we can assume that his affiliation with it is indisputably notable. By using the ideas he established, he is able to review the opinions previously held by other philosophers and challenge them. When other philosophers are told that they are wrong, they will go into grave detail to explain their opinion or idea. This ultimately delivers a substantial amount of depth in discussion and enhances the study of metaphysics as a whole. In addition to reviewing other philosophers’ ideas, Aristotle analyzes the causes and principles behind certain decision-making and the options they have to consider. He attempts to reason with why people make the choices they do and also touches upon subjects such as free will, determinism, and topics of that nature (â€Å"Aristotle’s Metaphysics†). Essentially, Aristotle is an undeniably brilliant mind who challenges others’ thoughts in order to better themselves as critical thinkers and improve the study of metaphysics. Furthermore, without a doubt, Aristotle abetted the development of metaphysics through the use of his own personal philosophies. For instance, in book Alpha, Aristotle proclaims a famous sentence that reads â€Å"All men by nature desire  to know. † He claims that we are all constantly in the pursuit of gaining intricate knowledge and applying it to our lives. Since this proclamation is originated by Aristotle himself, he decides that he is going to become very critical of other ideas. He brings out the strong and weak points within each idea in an effort to assist others with developing their own understanding of metaphysics. The purpose of Aristotle leading others to formulate their own ideas is to push them, and the rest of civilization, towards the ultimate achievement: wisdom (CITATION NEEDED). By guiding others to the best of his ability, Aristotle is considered to be a benefactor for the study of metaphysics and how it has progressed overtime. Causes and Substance Long ago, Aristotle developed an engaging idea that has been expanding for two millennia. It is the idea that true knowledge is the knowledge of ultimate causes. Since this idea confronts the common wonder of why things happen, it will ultimately benefit the study of metaphysics. Moreover, in an effort to fully understand how to attain true knowledge, Aristotle takes the liberty of organizing the types of causes into four simple kinds. The formal cause is when a decision is made because someone is abiding by a particular plan. Additionally, the final cause is when a reaction sprouts an action is done with a purpose. The material cause is when a decision is made based on the altercating components that are affecting the potential solution. Also, the efficient cause is when a decision is made in an effort to initiate change in a respective situation (CITATION NEEDED). Through these theoretical causes established by Aristotle, the idea of true knowledge is sufficiently easier to grasp. Therefore, we are greatly aided with the enduring quest of understanding metaphysics in its entirety. Actuality and Potentiality In book Theta, Aristotle discusses the difference between actuality and potentiality and relates it back to the study of how we interpret thoughts and ideas throughout metaphysics. Potentiality is considered to be the numerous amounts of options that we may or may not pursue throughout our lives. On the other hand, actuality is not our options, but rather our final outcomes. To put it into perspective, a person is born with the potential to be a professional quarterback, a chemical engineer, or anything else for that matter. However, it is not until they have become the quarterback or the engineer that they have reached actuality. (â€Å"Aristotle’s Metaphysics†). Given that the basic ideas of actuality and potentiality are considered to be lofty contributions to the general understanding of thought, it can be assumed that Aristotle’s involvement with metaphysics is undeniably momentous. Conclusion. The fundamental ideas of metaphysics were brought into the world by Aristotle himself. Also, without his basic philosophies, much of the understanding we have on metaphysics may not have been discovered. He plays a critical part in the early stages of discussion when he attempts to challenge the minds of other philosophers in an effort to further advance the study of metaphysics. Additionally, Aristotle expands on the understanding of true knowledge through the causes and substance we endure throughout our lives. Considering that actuality and potentiality are both important topics of discussion in regards to metaphysics, Aristotle portrays an immense amount of importance that is irrefutably unparalleled. All in all, Aristotle’s involvement with the origination and the forever-expanding details of metaphysics is commodiously prevalent and will forever be an influential part of our society as a whole. Works Cited â€Å"Aristotle’s Metaphysics. † Stanford Encyclopedia of Philosophy. Stanford University, 08 Oct. 2000. Web. 20 Oct. 2013.

Monday, September 16, 2019

Ferdinand de Saussure Essay

†¢The origin of Language †¢Features of Language †¢Knowledge of Language †¢Linguistics †¢Branches of Linguistics †¢Approaches to Linguistic Studies †¢Schools of Linguistics THE ORIGIN OF LANGUAGE †¢The divine source †¢The natural sound source o Primitive words o Cuckoo, splash, rattle, hiss, buzz oâ€Å"Bow-wow theory of language origin.† †¢The social interaction source †¢The physical adaptation source †¢The tool-making source †¢The genetic source oChild development à ¨ Automatic oDeaf children à ¨ Fluent users of sign language à ¨ innateness hypothesis oWe are born with a capacity for speaking/using language †¢(See Yule, Ch.1; Fromkin et al., Ch.6) MAJOR FEATURES OF HUMAN LANGUAGE 1-Communicative : function of language is to communicate 2-Vocal : human vocal organs are used 3-Human : sophisticated use of language is unique to human species 4-Social : it Ä ±s used by the members of a community 5-Natural : Ä ±t is a natural phenomena 6-Changeable : it can and will change trough time 7-Rule-governed : there are systematic rules in it. 8-Product of mind : it is the product of mental operation 9-Arbitrary : no systematic relationship between form and meaning 10-Creative : language is used creatively MINOR FEATURES OF LANGUAGE 1-Language , unless recorded, flies away the movement we speak it. 2-Self-talk is a form of language 3-We talk in our minds : inner speech 4-We can not help but to process and understand what we hear. 5-Language can be used by some to xert their power over others. 6-Language is used for cultural preservation and transmission . 7-Language is varied : not monolithic. 8-The direction of changes in language is not predictable. 9-Language is personal as well as social. 10-Language is a means for mental and social development. 11-Language is a predictor of social identity. 12-Language reveals patterns of how mind works. 13-All languages have the same potential for development KNOWLEDGE OF LANGUAGE †¢Ã¢â‚¬Å"I know English.† †¢Produce individual sounds and combining them (Phonetics & Phonology); †¢Form and dividing words (Morphology); †¢Combine these words into phrases and sentences (Syntax); †¢Understand the meaning of words, phrases and utterances (Semantics); †¢Use the language appropriately in different contexts (Pragmatics). Language is an arbitrary and changeable set of vocal symbols which are cognitively formulated, and socially used for human natural communication. Linguistic knowledge is knowledge about language which is acquired unconsciously. LINGUISTICS †¢ Linguistics is the scientific or logical examination of any aspect and property of language including the influences of language on any sphere of life. BRANCHES OF LINGUISTICS †¢MICRO-LINGUISTICS ïÆ'ËœPhonetics (Fonetik) ïÆ'ËœPhonology (Ses Bilimi) ïÆ'ËœMorphology (Dil Bilimi) ïÆ'ËœSyntax (Sà ¶z dizimi) ïÆ'ËœSemantics (Anlam Bilim) †¢MACRO-LINGUISTICS ïÆ'ËœPragmatics ïÆ'ËœSociolinguistics ïÆ'ËœHistorical-linguistics ïÆ'ËœPsycholinguistics ïÆ'ËœNeurolinguistics ïÆ'ËœAnthropological Linguistics ïÆ'ËœApplied Linguistics APPROACHES TO LINGUISTIC STUDIES †¢Descriptive-Prescriptive †¢Diachronic-Synchronic †¢Reference Grammar †¢Teaching Grammar †¢Theoretical Grammar SCHOOLS OF LINGUISTICS Traditional Linguistics †¢Based on study of Latin †¢Applied to other languages, e.g. English, French †¢19th C. Jacob Grimm, Max Mà ¼ller, Henry Sweet Structural Linguistics †¢Ferdinand De Saussure †¢Linguistics features as abstract system governing speech †¢Langue and parole †¢While language is regarded as language system stored in the mind of its speakers, parole is conceived as the actual language behavior Transformational -Generative Grammar †¢Chomsky †¢Every language has a finite set of rules to produce infinite number of sentences; †¢ Phrase structure rules and generative rules; †¢Deep structure and surface structure; †¢Structure over meaning; †¢Competence and performance.

Sunday, September 15, 2019

Law and Cases

Page 1 All ER Reprints/[1914-15] All ER Rep /Hickman v Kent or Romney Marsh Sheep Breeders' Association and another – [1914-15] All ER Rep 900 Hickman v Kent or Romney Marsh Sheep Breeders' Association and another [1914-15] All ER Rep 900 Also reported [1915] 1 Ch 881; 84 LJ Ch 688; 113 LT 159; 59 Sol Jo 478 CHANCERY DIVISION ASTBURY J 4, 25 MARCH 1915 31 MARCH 1915 Arbitration – Submission – Article of company – Application for membership of company and acceptance Rule for all disputes between company and members to be referred.Company – Articles – Effect – Contract between members and company and between members inter se. In 1905 the plaintiff was elected a member of the defendant association, and he then agreed to conform to its rules and regulations. By art 49 of the articles of association differences between the association and any of its members relating to any of the affairs of the association must be referred to the decision o f an arbitrator.In 1914 the plaintiff issued a writ against the association and its secretary claiming injunctions and declarations in respect of matters which related to the affairs of the association and for certain other relief, which in substance was to enforce his rights under the articles. On an application by the defendants for a stay of the action pursuant to s 4 of the Arbitration Act, 1889, and to refer the matters in dispute to arbitration in accordance with the terms of art 49,Held: (i) art 49 must be treated as a statutory agreement between the members and the association as well as between themselves inter se, and it constituted a submission to arbitration within the Arbitration Act, 1889; (ii) the application for membership by the plaintiff and its acceptance by the association constituted a contract between the plaintiff and the association by which the plaintiff agreed in writing to conform to the regulations of the association, one of which regulations was that all ifferences between the association and a member should be submitted to arbitration, and that contract also constituted a submission to arbitration; therefore, on both those grounds a stay of the action would be granted. Notes Applied: Anglo-Newfoundland Development Co v R, [1920] 2 KB 214. Considered: Agricultural Wholesale Society v Biddulph and District Agricultural Society, [1925] Ch 769; Beattie v Beattie, Ltd, [1938] 3 All ER 214. Applied: Kanssen v Rialto (West End) Ltd, [1944] Ch 154. Considered: Rayfield v Hands, [1958] 2 All ER 194.Referred to: London Sack and Bag Co v Dixon and Lugton, Ltd, [1943] 2 All ER 763. As to the effect of memoranda and articles of association, see 6 HALSBURY'S LAWS (3rd Edn) 127-130, and for cases see 9 DIGEST (Repl) 85-88. As to submissions to arbitration and stay of proceedings, see 2 Page 2 HALSBURY'S LAWS (3rd Edn) 3 et seq, and for cases see 2 DIGEST (Repl) 421 et sec. For Companies Act, 1948 see 3 HALSBURY'S STATUTES (2nd Edn) 452, and for Arbitration Act, 1950, see ibid, vol 29, p 89. Cases referred to: 1) Willesford v Watson (1873) 8 Ch App 473; 42 LJ Ch 447; 28 LT 428; 37 JP 548; 21 WR 350, LC & LJJ; 2 Digest (Repl) 452, 190a. (2) Re Tavarone Mining Co, Pritchard's Case (1873) 8 Ch App 956; 42 LJ Ch 768; 29 LT 368; 21 WR 829, LJJ; 9 Digest (Repl) 85, 362. (3) Melhado v Porto Alegre Rail Co (1874) LR 9 CP 503; 43 LJCP 253; 31 LT 57; 23 WR 57; 9 Digest (Repl) 53, 152. (4) Eley v Positive Government Security Life Assurance Co (1875) 1 ExD 20; 45 LJQB 50; 33 LT 743; 24 WR 252; affirmed (1876) 1 ExD 88; 45 LJQB 451; 34 LT 190; 24 WR 338, CA; 9 Digest (Repl) 87, 372. 1914-15] All ER Rep 900 at 901 (5) Browne v La Trinidad (1887) 37 Ch D 1; 57 LJ Ch 292; 58 LT 137; 36 WR 289; 4 TLR 14, CA; 9 Digest (Repl) 87, 374. (6) Kelner v Baxter (1866) LR 2 CP 174; 36 LJCP 94; 15 LT 213; 15 WR 278; sub nom Kelmer v, Baxter, 12 Jur NS 1016; 9 Digest (Repl) 682, 4498. (7) Re Famatina Development Coops, Ltd, [1914] 2 Ch 271; 84 LJ Ch 48 ; 30 TLR 696, CA; 10 Digest (Repl) 978, 6731. (8) MacDougall v Gardiner (1875) 1 Ch D 13; 45 LJ Ch 27; 33 LT 521; 24 WR 118, CA; 9 Digest (Repl) 619, 4130. (9) Pender v Lushington (1877) 6 Ch D 70; 46 LJ Ch 317; 9 Digest (Repl) 609, 4039. 10) Imperial Hydropathic Hotel Co, Blackpool v Hampson (1882) 23 Ch D 1; 49 LT 150; 31 WR 330, CA; 9 Digest (Repl) 553, 3655. (11) Johnson v Byttle's Iron Agency (1877) 5 Ch D 687; 46 LJ Ch 786; 36 LT 528; 25 WR 548, CA; 9 Digest (Repl) 350, 2243. (12) Bradford Banking Co, Ltd v Briggs & Co, Ltd (1886) 12 App Cas 29; 56 LJ Ch 364; 56 LT 62; 35 WR 521; 3 TLR, 170, HL; 9 Digest (Repl) 85, 363. (13) Word v Odessa Waterworks Co (1889) 42 Ch D 636; 58 LJ Ch 628; 37 WR 733; 5 TLR 596; 1 Meg 265; 9 Digest (Repl) 86, 364. (14) Salmon v Quin and Axtens, Ltd, [1909] 1 Ch 311; 78 LJ Ch 367; 100 LT 161; 25 TLR 164; 53 Sol JoPage 3 150, CA; affirmed sub nom Quin and Axtens, Ltd v Salmon, [1909] AC 442; 78 LJ Ch 506; 100 LT 820; 25 TLR 590; 53 Sol Jo 575; 16 Man s 230, HL; 9 Digest (Repl) 498, 3283. (15) Welton v Saffery, [1897] AC 299; 66 LJ Ch 362; 76 LT 505; 45 WR 508; 13 TLR 340; 41 Sol Jo 437; 4 Mans 269, HL; 9 Digest (Repl) 203, 1293. (16) Bisgood v Henderson's Transvaal Estates, Ltd, [1908] 1 Ch 743; 77 LJ Ch 486; 98 LT 809; 24 TLR 510; 52 Sol Jo 412; 15 Mans 163, CA; 9 Digest (Repl) 201, 1288. (17) Re Lewis, Ex parte Munro (1876) 1 QBD 724; 45 LJQB 816; 35 LT 857; sub nom R v Munro, Re Lewis, 24 WR 1017, DC; 42 Digest 126, 1211. 18) Caerleon Tinplate Co v Hughes (1891) 60 LJQB 640; 66 LT 118; 7 TLR 619; 2 Digest (Repl) 423, 27. (19) Baker v Yorkshire Fire and Life Assurance Co, [1892] 1 QB 144; 61 LJQB 838; 66 LT 161; 2 Digest (Repl) 423, 28. Also referred to in argument: Morgan v W Harrison, Ltd, [1907] 2 Ch 137; 76 LJ Ch 548; 97 LT 445, CA; 2 Digest (Repl) 445, 170. Borland's Trustee v Steel Bros & Co, Ltd, [1901] 1 Ch 279; 70 LJ Ch 51; 47 WR 120; 17 TLR 45; 9 Digest (Repl) 99, 446. Re Wheat Buller Consols (1888) 38 Ch D 42; sub n om Re Wheal Buller Consols Ltd, Ex parte Jobling, 57 LJ Ch 333; 58 LT 823; 36 WR 723; 4 TLR 282, CA; 9 Digest (Repl) 469, 3071.Adjourned Summons by which the defendants applied for a stay of the action under s 1 of the Arbitration Act, 1889 [see now s 4 of the Arbitration Act, 1950]. The defendants, the Kent or Romney Marsh Sheep Breeders' Association and their secretary, W W Chapman, applied for an order staying all proceedings in the action pursuant to s 4 of the Arbitration Act, 1889, and referring the matters in dispute in the action to arbitration under art 49 of the articles of association of the association.The Kent or Romney Marsh Sheep Breeders' Association was incorporated under the Companies Acts in the year 1895 as an association not for profit, the defendant [1914-15] All ER Rep 900 at 902 W W Chapman having been the secretary since the incorporation of the association. On 8 November 1905, the plaintiff, Alfred John Hickman, wrote to Chapman as such secretary stating he wished to become a member of the association, and in reply on 10 November 1905, Chapman wrote to the plaintiff inclosing a form of application for membership.This form, completed and signed by the plaintiff, was received by Chapman on or about 12 November 1905, and was as follows: Page 4 â€Å"Kent or Romney Marsh Sheep Breeders' Association (Incorporated). – Application form for membership. – I, Alfred J Hickman, of Court Lodge, Egerton, in the county of Kent, am desirous of becoming a member of the Kent or Romney Marsh Sheep Breeders' Association (Incorporated) as a flock owner, and I engage when elected to pay the entrance fees, annual subscriptions, nd such fees for entry of ewe flocks and individual sheep as may then be in force or subsequently adopted, together with all such costs for inspection and tattooing as may be sanctioned by the council for the time being, and to conform to the rules and regulations of the association until I by notice in writing to the secretary cease to be a member of the association. – Signature, ALFRED J HICKMAN. – Dated Nov 11, 1905. † The plaintiff was elected a member of the association on 12 December 1905, and he was informed of such election by letter on 14 December 1905.By art 49 of the articles of association of the defendant company: â€Å"Whenever any difference arises between the association and any of the members touching the true intent or construction or the incidents or consequences of these presents or of the statutes, or touching anything then or thereafter done, executed, omitted, or suffered in pursuance of these present, or of the statutes, or touching any breach or alleged breach of these presents, or any claim on account of any such breach or alleged breach, or otherwise relating to the premises or to these presents, or to any statute affecting the association, or to any of the affairs of the association, every such difference shall be referred to the decision of an ar bitrator to be appointed by the parties in difference or if they cannot agree upon a single arbitrator, to the decision of two arbitrators, of whom one shall be appointed by each of the parties in difference, or an umpire to be appointed by the two arbitrators. â€Å"On 18 December 1914, the plaintiff issued the writ in the present action claiming, inter alia, an injunction to restrain the defendants from taking any steps to expel him from the association or doing any act or acts in derogation of his rights as a member of the association, and damages for refusing to register his sheep, and a declaration that he was entitled to have his sheep registered. A summons for directions was issued, but before it was heard or any further step taken is the action, the defendant association and Chapman issued this summons far the hearing of an application by them that all further proceedings be stayed, pursuant to s 4 of the Arbitration Act, 1889, and that the matters in question in the action should be referred to arbitration in accordance with art 49 of the articles of the association.By s 4 of the Arbitration Act, 1889 [see now Arbitration Act, 1950, s 4]: â€Å"If any party to a submission, or any person claiming through or under him, commences any legal proceedings in any court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that court to stay the proceedings, and that court, or a judge thereof, if satisfied that there is no sufficient reason why the matter should not be referred is accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, [1914-15] All ER Rep 900 at 903 and still remains, ready and willing to do all things necessary to the proper conduct of the arbitrat ion, may make an order staying the proceedings. † By s 27 [see s 32 of Act of 1950]: â€Å"‘Submission' means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not. â€Å"By s 14(1) of the Companies (Consolidation) Act, 1908 [see now s 20 of Companies Act, 1948]: â€Å"The memorandum and articles shall, when registered, bind the company and the members thereof to the same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part of each member, his heirs, executors, and administrators, to observe all the provisions of the memorandum and of the articles, subject to the provisions of this Act. † Page 5 Micklem, KC, and F Hinde for the defendants. Frank Russell, KC, and HS Simmons for the plaintiff in the action. Cur adv vult, 31 Mar 1915 ASTBURY J: (read the following judgment) This is a summons by the defendants to stay proceedings in the action under s 4 of the Arbitration Act, 1889 [see now s 4 of Arbitration Act, 1950].The plaintiff, by his writ in the action, which is brought against the defendant association and their secretary, claims injunctions, a declaration, and certain other relief in respect of matters which arise out of and relate solely to the affairs of the association, which relief is, in substance, to enforce the plaintiff's rights under the articles of association of the defendant company. It is admitted by the plaintiff that the action is against, the association and the second defendant as its officer, and no point is made by the plaintiff of there being two defendants. The association is a limited company registered under the Companies' Acts, and by its memorandum of association it is provided (inter alia) that the objects of the association are â€Å"the encouragement of the breeding of Kent or Romney Marsh sheep at home and abroad and the maintenance of the purity of the breed† Further: The es tablishment and publication of a flock book of recognised and pure-bred sires which have been used, or ewes which have been bred from, and of such other flock books (if any) which the council may think fit and the annual registration of the pedigrees of such sheep as are proved to the satisfaction of the council to be eligible for entry. †¦ The undertaking of the arbitration upon and settlement of disputes and questions relating to or connected with Kent or Romney Marsh sheep and the breeding thereof, and for other subsidiary purposes. † By art 49 disputes between the association and any of its members are to be referred to arbitration.This is a common form of article in private companies, and, the objects of the association being what they are, it and its members might he seriously prejudiced by a public trial of their disputes. If this summons fails, as the plaintiff contends that it should, these arbitration clauses in articles are of very little, if any, value. The pl aintiff became a member of the association in 1905. It is clear on the authorities that if there is a submission to arbitration within the meaning of the Arbitration Act there is a prima facie duty cast upon the court to act upon such an agreement: per LORD SELBORNE in Willesford v Watson (1) 8 Ch App at p 480.In the present case the defendants contend, first, that art 49, dealing as it does with the members of the company in their capacity of members only, constitutes a submission within the meaning of the Arbitration Act, or, alternatively, that the contract contained in the plaintiff's application for membership and the company's [1914-15] All ER Rep 900 at 904 acceptance of it amounts to such a submission. The plaintiff contests both these propositions. Independently Page 6 of the particular dispute in this case, the arguments, especially upon the first of these contentions, have raised questions of far-reaching importance and of great difficulty. I will deal with the question a s to the effect of art 49 first. Section 14(1) of the Companies (Consolidation) Act, 1908 [see new s 20(1) of Companies Act, 1948], says: The memorandum and articles shall, when registered, bind the company and members thereof to the same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part of each member, his heirs, executors, and administrators, to observe, all the provisions of the memorandum and of the articles, subject to the provisions of this Act† It is laid down in text-books of the highest authority that the articles are not a contract between the members and the company, but a contract with the other members. The articles are a contract only as between the members inter se in respect of their rights as shareholders.The exact nature of this covenant – that is, the covenant referred to in s 14 – has given rise to considerable discussion and is even now very difficult to define; but it is now settled that it is not equivalent to a contract between the company, on the one part, and the members, on the other, on which either a member can sue the company or the company can sue a member. The principal authorities in support of these propositions are Re Tavarone Mining Co, Pritchard's Case (2); Melhado v Porto Alegre Rail Co (3); Eley v Positive Government Security Life Assurance Co (4); and Browne v La Trinidad (5) In Pritchard's Case (2) by the articles of association of a mining company it was provided that the company should immediately after incorporation enter into an agreement with the vendor of the mine for the purchase of the mine, and the price was fixed.The articles were signed by the vendor and six other persons, and the directors allotted shares to the vendor, but no further agreement was made with him. It was held, affirming the decision of WICKENS, V-C, that the articles of association did not constitute a contract in writing between the vendor and the company within s 27 of the Companion Act, 1867, and that certain shares should not, therefore, be considered as fully paid up. MELLISH, LJ, in giving judgment, said (8 Ch App, at p 960): â€Å"But I am of opinion that the articles of association cannot be considered as a contract in writing between De Thierry and the company for the sale of the mine to them.It may no doubt be the case if no other contract was entered into, and if De Thierry signed these articles and they were acted upon, that a court of equity would hold that as between him and the company – from their acting upon it – there was a binding contract; but in themselves the articles of association are simply a contract as between the shareholders inter as in respect of their rights as shareholders. They are the deed of partnership by which the shareholders agree inter se. † In Melhado v Porto Alegre Rail Co (3) the articles of association of a joint stock company provided that the company should defray such expens es incurred in its establishment as the directors should consider might be deemed and treated as preliminary expenses to an amount not exceeding a sum named. The plaintiffs, who were promoters of the company, had incurred preliminary expenses in its establishment, and it was held that no action would lie at the suit of the plaintiffs against the company under the articles. LORD COLERIDGE, CJ, said (LR 9 CP at p 505): The action is brought on a clause in the articles of association, by which the directors are authorised to pay certain expenses if they should consider them [1914-15] All ER Rep 900 at 905 to be properly deemed preliminary expenses. The declaration avers that all conditions were. performed, necessary to entitle the plaintiffs to be paid, their expenses; and therefore I think we must take it that, they, were expenses which, if the directors had thought proper to pay then the articles would have justified them in paying. The question therefore is whether an action will li e for the payment of these expenses, in pursuance of the articles of association, to which the plaintiffs were not parties.I have come to the conclusion that no such action will lie – I must say somewhat reluctantly, because though I wish to â€Å"press no opinion on the merits of this particular case, having no materials for forming such Page 7 an opinion, it does seem just, in general, if a company takes the benefit of the work and expenditure by which its existence has been rendered possible, and voluntarily comes into existence on the terms that it shall be liable to pay for such work and expenditure, that a cause of action should be given. I can find, however, no legal principle upon which such an potion can be maintained. It appears to me that there is no contract between the plaintiffs and the defendants.The doctrine of ratification is inapplicable, for the reasons given in the judgments in Kelner v Baxter (6). † MELLOR, J, said (ibid at p 506): â€Å"The plain tiffs were not in any way parties to the articles of association, and there was not, therefore, any express contract to pay them. † BRETT, J, said (ibid at p 507): â€Å"There is no contract, in my judgment, of any sort upon which they can sue, and unless there be a contract of some sort between them and the company I do not see that they can have any cause of action. No contract made with them before the existence of the company can be ratified by the company for the reasons pointed out in the case of Kelner v Baxter (6) with which I fully agree. â€Å"In Eley v Positive Government Security Life Assurance Co (4) the articles of association contained a clause in which it was stated that the plaintiff, a solicitor, should be the solicitor to the company and transact its legal business. The article were registered and the company incorporated. The plaintiff was not appointed solicitor by any resolution of the directors, nor by any instrument bearing the seal of the company, th at he acted as such for a time. Subsequently the company ceased to employ him, and he brought an action for breach of contract against the company for not employing him as its solicitor. The first count of the declaration stated that it was agreed by and between the plaintiff and the defendants that the plaintiff should be employed by the defendants as, and appointed by them to the office of, solicitor of the company.During the argument it was contended that the contract declared for was not the contract purported to be contained in the articles. AMPHLETT, B, in his judgment, said (1 ExD at pp 26, 28): â€Å"The articles, taken by themselves, are simply a contract between the shareholders inter se, and cannot, in my opinion, give a right of action to a person like the plaintiff, not a pasty to the articles, although named therein. If authority were wanted for this proposition, the cases cited in the argument, Pritchard's Case (2) and Melhado v Porto Alegre Rail Co (3) are, in my op inion, quite conclusive on the subject. †¦ For these reasons, I think that there was no contract at all between the plaintiff and the company to the effect stated in the declaration. â€Å"CLEASBY, B, confined his judgment to the last points raised in the case and said (ibid at p 30): â€Å"I am of opinion that cl 118 of the articles cannot by itself be taken to operate as a contract between the solicitor and the company. † [1914-15] All ER Rep 900 at 906 KELLY, CB, said (ibid at pp 31, 32): â€Å"I forbear to pronounce any opinion as to whether these articles, with the fact of the subsequent employment, constitute a contract on the terms contained in them, because, were I to so hold, there would be a difficult question behind, whether it was not ultra vires for the directors to attempt to bind the company to employ a solicitor to transact, for all his life, all the legal business of the company.Passing by this, I come to consider the objection raised under s 4 of the Statute of Frauds. I do not see how anyone can doubt that this agreement was not to be performed within a year. It was for the life of the plaintiff, subject to a defeasance on the possibility of his being guilty of some misconduct. But, assuming, as I think we must, that this was not to be performed in a year, the question arises whether there is any memorandum or note in writing of it signed by the defendants. The signatures affixed to the articles were she intuitu and it can hardly be suggested that the directors had any idea that in signing the articles they were signing a note of this contract. † Page 8This case went to the Court of Appeal, and LORD CAIRNS, LC, said (1 ExD at pp 89, 90): â€Å"I wish to say, in the first place, that in my opinion a contract of the kind suggested to exist in this case ought not to receive any particular favour from the court. The statement is that Baylis was endeavouring to form a joint stock insurance company upon a new principle, and ap plied to the plaintiff to make advances to meet the expenses of getting up the company, and it was arranged between them that in the event of the company being formed the plaintiff should be appointed permanent solicitor to the company. That is to say, a bargain is made between a professional man and Baylis, which, so far as the case is concerned, does ot appear to have been communicated to those who were invited to join the company, that if the former will advance money for the formation of the company he shall be appointed permanent solicitor, and the company shall be obliged to employ him as their professional adviser. When the articles are prepared, they are so by the plaintiff, and in them he inserts a clause which no doubt informs those who signed the articles of the arrangement, but does not appear to have been brought to the notice of those who joined from receiving circulars. This, I repeat; is not a proceeding which the court would encourage in any way. I also wish to rese rve my judgment as to whether a clause of this kind is obnoxious to the principles by which the courts are governed in deciding on questions of public policy. †¦ This case was first rested on the 118th article.Articles of association, as is well known, follow the memorandum, which states the object of the company, while the articles state the arrangement between the members. They are an agreement inter socios, and in that view, if the introductory words are applied to art 118, it becomes a covenant between the parties to it that they will employ the plaintiff. Now, so far as that is concerned, it is res inter alios acts, the plaintiff is no party to it. No doubt he thought that by inserting it he was making his employment safe as against the company, but his relying on that view of the law does not alter the legal effect of the articles. This article is either a stipulation which would bind the members or else a mandate to the directors.In either case it is a matter between the directors and shareholders, and not between them and the plaintiff. † In Browne v La Trinidad (5) before the formation of the company an agreement was entered into between B. and a person as trustee for the intended company by which it was stipulated (inter alia) that B should be a director and should not be removable till after 1888. The sixth clause of the articles provided that the directors should adopt and carry into effect the agreement with or without modification, and that subject to such modification (if any) the provisions of the agreement [1914-15] All ER Rep 900 at 907 should be construed as part of the articles.The agreement was acted upon, but no contract adopting it was entered into between the plaintiff and the company. Held, that treating the agreement as embodied in the articles, still there was no contract between B and the company that he should not be removed from being a director, the articles being only a contract between the members inter as, and not b etween the company and B COTTON, LJ, towards the end of his judgment, said (37 Ch D at pp 13, 14): â€Å"Assuming that an unlimited power is given to the meeting by art 91, ought we, having regard to the contract entered into by the memorandum of Nov 24, 1884, and art 6, to interfere by injunction to restrain the company in general meeting from acting under that power?I do not give any opinion upon the question how far the court would have interfered by injunction in order specifically to enforce an agreement between the company and the plaintiff that he should be an irremovable director. That point raises questions upon which I should not like to give any opinion without having them fully discussed. In my opinion we ought not to interfere in the present case, because there is no such contract between the plaintiff and the company. The memorandum of agreement of Nov 24, 1884, is in no way a contract between the plaintiff and the company. It is said that it was adopted and incorpora ted into the articles, but I cannot accede to that. The company by its directors acted upon the agreement, but that does not make it binding on the company.Then is it incorporated into the articles in such a way as to entitle the plaintiff to say, ‘I have such a contract between me and the company as can be enforced by a court of law, and as I might enforce in equity by way of specific performance'? That point is clearly settled, I think, by Eley v Positive Government Security Life Assurance Co (4). There two of the members of the court of first instance held, and the other member did not express dissent, that the articles are merely a contract between the shareholders inter se, and that though a person in whose favour a stipulation is made in the articles may afterwards have shares allotted to him, he does not by that means become in the same position as if he had entered into a contract with the company. † LINDLEY, LJ, said: â€Å"Having regard to the construction put upon s 16 of the Companies Act of 1862 in the case of Eley v.Positive Government Security Life Assurance Co (4) and subsequent cases, it must be taken as settled that the contract upon which he relies is not a contract upon which he can maintain any action, either on the common law side or the equity side. There might have been some difficulty in arriving at that conclusion if it had not been for the authorities, because it happens that this gentleman has had shares allotted to him, and is therefore a member of the company. Having regard to the terms of s 16, there would be some force, or, at all events, some plausibility, in the argument that, being a Page 9 member, the contract which is referred to in the articles has become binding between the company and him.Of course, that argument is open to this difficulty, that there could be no contract between him and the company until the shares were allotted to him, and it would be remarkable that upon the shares being allotted to him a contract between him and the company, as to a matter not connected with the holding of shares, should arise. † In these four cases the article relied upon purported to give specific contractual rights to persons in some capacity other than that of shareholder, and in none of them were members seeking to enforce or protect rights given to them as members in common with the other corporators. The actual decisions amount to this, that an outsider to whom rights purport to be given by the articles in his capacity as such outsider, whether he subsequently becomes a member or not, [1914-15] All ER Rep 900 at 908 cannot sue on such articles treating them as contracts between himself and the company to enforce such rights.Such rights are not part of the general regulations of the company applicable alike to all shareholders and can only exist by virtue of some contract between such non-member and the company, and the subsequent allotment of shares to an outsider in whose favour such an article is inserted does not enable him to sue the company on such an article to enforce rights which are res inter alios acta and not part of the general rights of the corporators as such. The language of some of the judgments appears, however, to go further, as recognised, for instance, by SARGANT, J, in Re Famatina Development Corpn (7) ([1914] 2 Ch at p 279). The wording of s 14(1) of the Companies (Consolidation) Act, 1908, which is in the same terms as s 16 of the Act of 1862 [see now s 20(1) of Companies Act, 1948], is difficult to construe or understand. The company cannot in the ordinary course be bound otherwise than by statute or contract, and it is in this section that its obligation must be found, so far as the members are concerned.The section does not say with whom they are to be deemed to have covenanted, but the section cannot mean that the company is not to be bound when it says it is to be bound, as if, , nor can the section mean that the members are to be unde r no obligation to the company under the articles in which their rights and duties as corporators are to be found. Much of the difficulty is removed if the company be regarded, as the framers of the section may very well have so regarded it, as being treated in law as a party to its own articles. It seems clear from other authorities that a company is entitled as against its members to enforce and restrain breaches of its regulations: see, for example, MacDougall v Gardiner (8) Pender v Lushington (9) and Imperial Hydropathic Hotel Co, Blackpool v Hampson (10). In the last case BOWEN, LJ, said (23 Ch D at p 13): â€Å"The articles by s 16 are to bind the company and all the shareholders as much as if they had all put their seals to them. â€Å"It is also clear from many authorities that shareholders as against their company can enforce and restrain breaches of its regulations, and in many of these cases judicial expressions of opinion appear which, in my judgment, it is impossible to disregard. In Johnson v Lyttle's Iron Agency (11) in an action by a shareholder against the company, JAMES, LJ, said (5 Ch D at p 693): â€Å"The notice did not comply strictly with the provisions of the contract between the company and the shareholders which is contained in the regulation of Table A† In Bradford Banking Co, Ltd v Briggs & Co, Ltd (12) the articles gave the company a lien on its members' shares, and, in an action by the company to enforce such lien, LORD BLACKBURN said (12 App Cas at p 33): Page 10 The only one of the articles of association which I think it material to notice is the 103rd article, which is as follows: ‘The company shall have a first and permanent lien and charge, available at law and in equity, upon every share of every person who is the holder or one of several joint owners thereof for all debts due from him, either alone or jointly with any other person, whether a shareholder or not in the company. ‘ John Faint Easby, a coa l merchant, became a proprietor of a number of shares in the respondent company, and obtained certificates for them. This property in the shares was, by virtue of s 16 of the Companies Act, 1862, already quoted, I think, bound to the company as much as if he had (at the time he became holder of these shares) executed a covenant to the company in the same terms as art 103, but I do not think it was bound any further. † [1914-15] All ER Rep 900 at 909In Wood v Odessa Waterworks Co (13) which was an action by the plaintiff on behalf of himself and all other shareholders against the company, STIRLING, J, said (42 Ch D at p 642): â€Å"The articles of association constitute a contract not merely between the shareholders and the company, but between each individual shareholder and every other. † In Salmon v Quin and Axtens, Ltd (14) FARWELL, LJ, referring to this last statement, said ([1909] 1 Ch at p 318): â€Å"I think that that is accurate subject to this observation, tha t it may well be that the court would not enforce the covenant as between individual shareholders in most cases. † In Welton v Saffery (15) LORD HERSCHELL, who dissented on the main question from the rest of the House, made the following general observation ([1897] AC at p 315): â€Å"Section 16 of the Act of 1862 provides that the articles of association, when registered, shall bind the company and the members hereof to the same extent as if each member had signed his name and affixed his seal thereto, and there were in such articles contained a covenant on the part of himself, his heirs, executors, and administrators, to conform to all the regulations contained in such articles, subject to the provisions of this Act. The articles thus become in effect a contract under seal by each member of the company, and regulate his rights. They cannot, of course, diminish or affect any liability created by the express terms of the statute; but, as I have said, the statute does not purp ort to settle the rights of the members inter se; it leaves these to be determined by the articles (or the articles and memorandum together) which are the social contract regulating those rights. I think it was intended to permit perfect freedom in this respect.It is quite true that the articles constitute a contract between each member and the company, and that there is no contract in turns between the individual members of the company; but the articles do not any the less, in my opinion, regulate their rights inter se. Such rights can only be enforced by or against a member through the company, or through the liquidator representing the company; but I think that no member has, as between himself and another member, any right beyond that which the contract with the company gives. † In all these last-mentioned cases the respective articles sought to be enforced related to the rights and obligations of the members generally as such, and not to rights of the character dealt with in the four authorities first above referred to.It is difficult to reconcile these two classes of decisions and the judicial opinions therein expressed, but I think this much is clear – first, that no article can constitute a contract between the company and a third person; secondly, that no right merely purported to be given by an article to a person, whether a member or not, in a capacity other than that of a member, as, for instance, as solicitor, promoter, or director, can be enforced against the company; and, thirdly, articles regulating the rights and obligations of the members generally as such do create rights and obligations between them and the company respectively. Page 11 In Bisgood v Henderson's Transvaal Estates, Ltd (16) BUCKLEY, LJ, said ([1908] 1 Ch at p 759): â€Å"The purpose of the memorandum and articles is to define the position of the shareholder as shareholder, not to bind him in his capacity as individual. † By s 27 of the Arbitration Act, 188 9 [see now s 32 of Arbitration Act, 1950]: â€Å"‘Submission' means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not. † [1914-15] All ER Rep 900 at 910The defendant's first contention is that art 49 is, on the authorities, a written agreement within the meaning of this section. In Re Lewis, Ex parte Munro (17) which was an action on the Attorneys and Solicitors Act, 1870, it was held that: â€Å"A document containing the terms of an agreement as to the amount of costs payable by a client to his solicitor, assented to by the client, but signed by the solicitor only, is not ‘an agreement in writing' within the Attorneys and Solicitors Act, 1870. † LORD COLERIDGE, CJ, said: â€Å"It is quite clear that there was no agreement in writing within s 4 of the Act. †¦ An ‘agreement in writing' within s 4 must be an agreement by both parties, and both parties must sign their names upo n the agreement. â€Å"In Caerleon Tinplate Co v Hughes (18) in an action for the price of goods sold, the bought note signed by the defendants contained a provision for arbitration in case of dispute, while the sold note signed by the plaintiff contained no such provision. It was held that there was no submission within the meaning of the Act, for an agreement to submit to arbitration must be in writing and signed by both parties. Re Lewis (17) was referred to, and DENMAN, J, referring to s 27 of the Arbitration Act, 1889, said (60 LJQB at p 641): â€Å"In my judgment, there can be no written agreement unless in writing signed by the parties as their agreement, and that ‘written agreement' means one in which the terms on both sides are reduced into writing.It is useless to discuss the doctrines here, for the bought and sold notes differ in the essential particular that the former contains a provision which is wholly absent in the latter. † WILLS, J, said (ibid): †Å"Supposing there were a contract and the parties were ad idem [which in fact they were not in this case] yet there was no submission under the Act unless there was an agreement in writing by both parties. Re Lewis, Ex parte Munro (17) is conclusive on this point. In the present case the agreement is to be in writing under s 27, and we must hold that both parties must sign their names to it; otherwise there might be a conflict of evidence, and a discussion as to what was understood by either party. â€Å"In Baker v Yorkshire Fire and Life Assurance Co (19) an action was brought on a fire policy which was executed in the usual way by the company, but not by the assured, and it was held that the policy, though not signed by the plaintiff, amounted to a submission to arbitration within the meaning of the Act LORD COLERIDGE, CJ, who had been a party to Re Lewis (17) said ([1892] 1 QB at pp 145, 146): Page 12 â€Å"The plaintiff sues on the policy, and by so suing affirms it to be his contract; he cannot disaffirm a part of the very contract on which he is suing. He contends that in order to bring into operation the arbitration clause contained in the policy, the policy must be signed by both parties; but the Act of Parliament says nothing of the kind, and the only apparent justification for the contention is to be found in Caerleon Tinplate Co v Hughes (18). That decision must be interpreted, however, with regard to the particular facts of that case.There was there no complete contract; the two documents constituting the contract differed materially in their terms, and the court said it was plain that the parties were never ad idem. † A L SMITH, LJ, said (ibid at pp 146, 147): â€Å"It is said, however, that by the interpretation clause a submission must be a written agreement to refer disputes to arbitration. This, however, is not a [1914-15] All ER Rep 900 at 911 higher interpretation than was necessarily put on the language of the old Act, under which it was the universal practice to refer these cases, and does not mean that in all cases the written agreement to refer must be signed by both parties. It is quite unnecessary to say more as to the decision in Caerleon Tinplate Co v Hughes (18) than that it turned entirely upon the peculiar facts of the case. â€Å"The result of these decisions is, I think, that if the submission is in writing and is binding on both parties as their agreement, or as the equivalent in law to an agreement between them, the statute is satisfied. In the present case the plaintiff's action is, in substance, to enforce rights as a member under the articles against the company. The 49th article is a general article applying to all the members as such, and, apart from technicalities, it would seem reasonable that the plaintiff ought not to be allowed, in the absence of any evidence filed by him, to proceed with an action to enforce his rights under the articles which in itself is a breach of his obligation contained therein to submit his disputes with the company to arbitration, and, if the case falls within the Act, I see no reason for exercising my discretion under s 4 in his favour.In my judgment, art 49, for the reasons above referred to, creates rights and obligations enforceable as between the plaintiff and the company respectively, and such rights and obligations are contained in a written document, but whether such document is a contract or agreement between the plaintiff and the defendants within s 27 of the Arbitration Act, 1889, depends upon whether the decision in Eley v Positive Government Security Life Assurance Co (4) and the other cases of a similar character above referred to ought to be regarded as only dealing with and applying to articles purporting, first, to contain an agreement with the company and a third person, or, secondly, to define the rights of a shareholder in some capacity other than that of a member of the company.To reconcile the decisions and express ions of judicial opinion above mentioned, some such view should, I think, be adopted, and general articles dealing with the rights of members â€Å"as such† treated as a statutory agreement between them and the company as well as between themselves inter se, and in my judgment, art 49 in the present case does constitute a submission to arbitration within the true meaning and intent of the Arbitration Act. Having regard, however, to the conclusion to which I have come on the second contention raised by the defendants, it is not necessary for me to base my decision upon this ground alone and upon the opinion I have so expressed.The defendants' second contention is that the contract contained in the plaintiff's application for membership, and the defendants' acceptance of it, amounts to a submission within the Act. On 8 November 1905, the plaintiff wrote to the company, through its secretary: â€Å"I wish to become a member of the Kent Sheep Breeders' Association. Will you kind ly take the necessary steps? † That was answered by a letter from the secretary, in which he said: â€Å"If you will fill in the inclosed form †¦ I shall have great pleasure in submitting it to the next council meeting. † Page 13 The form inclosed was signed by the plaintiff. It stated that the plaintiff wished to become a member of the association and agreed to pay an entrance fee, subscriptions, and fees for entry of sheep, and to conform to the rules and regulations of the association.At a meeting of the council of the association held on December 12 the plaintiff's offer was accepted and he was elected a member of the defendant company. Notice of such acceptance was given to the plaintiff in a letter of December 14 by the secretary, which informed him he was elected a member of the association at the council meeting held on the 12th. In consideration of being elected a member and of his offer to join the association being accepted, the plaintiff contracted in w riting with the association to conform to its rules and regulations. One of such regulations was a general submission to arbitration of all differences between the [1914-15] All ER Rep 900 at 912 ssociation and any of its members as such, amply wide enough to cover the matters in dispute in this action. The association at the date of the contract was already bound to each and all its corporators to act in conformity with such regulations, and was at the date of the writ in this action, and has been since, ready, and willing to so act It is submitted on behalf of the plaintiff that at the date of this contract he may have known nothing about art 49, and that as the council of the association have power under its articles to make further by-laws and regulations as to certain matters therein referred to, the plaintiff's offer may have referred to these.The plaintiff has, however, filed no evidence in support of this, and the articles not only constitute the rules and regulations of the company, but refer to the rules and regulations of the association as, contained in them, and I am unable to accept this contention. In my judgment, the contract so made between the plaintiff and the association is also a submission in writing within the true meaning and intent of the Arbitration Act, and I make an order to stay under s 4 and direct that the matters in dispute in this action be referred to arbitration accordingly. Solicitors: Walters & Co; Ernest Simmons & Co. Reported by GP LANGWORTHY, ESQ, Barrister-at-Law.