Wednesday, July 31, 2019

Drivers of Globalization Essay

Having listened to distinguished luminaries such as Prof Ishwar Dayal there is hardly very much I can add or contribute to the discourse initiated this morning. But as a student of economics I know that I should stick to my comparative advantage. What I therefore propose to do this afternoon is to spell out what I consider are the main Drivers of Globalization . I would then argue that unless we understand those Drivers of Globalization we cannot have a picture of what the firms or business— individually and collectively —are going to look like in the future. Having done that , we delve into the realm of the changes in the the state of the firm which will emerge in the light of this globalization. We should then discuss as to what will be the challenges facing the management of firms in this globalized economy. Once we have grappled with these configurations we should be in a better position to sketch out the contours of management Education required in the future globa lized world. This is the analytical framework I propose for our discussion this afternoon. It is not very meaningful to start the conversation about Management Education without reference to the management challenges that the firms and businesses operating in the globalized economy would be faced with in the future. Management Education then responds to those needs and requirements and equips its graduates in meeting those challenges . I will start the ball rolling by dwelling upon the Drivers of Globalization. I would submit that there are many competing theories and several hypotheses about the shape and form of globalization. There is no consensus at intellectual level about the impact of globalization. Some consider it as an evil that will create more misery for the weaker nations, fragile states and disadvantaged populations as well endowed nations, strong economies and large populous states pre-empt most of the benefits for themselves. Others feel that the dissipation of boundaries, dismantling of barriers and disappearances of borders would spread these benefits to majority of the people in all parts of the world. But at least one thing is quite obvious. We would face a lot of uncertainty during the course of coming decades. The recent financial crisis we witnessed in 2008-2009 has taken all of us by surprise. There were hardly any tremors felt before the financial tsunami engulfed all of us in its spate. Nobody had predicted the speed, intensity and extent of damage that came along with this crisis. So what is certain is that the world is going to be saddled with uncertainty, with unknowns, with imponderables, with unanticipated events which despite our best ability and foresight we are not able to predict. Its going to be a messy world, it is going to be a totally uncertain world and therefore the kind of firm which would survive under those circumstances would be one which is agile, nimble and quick in its response to the ever changing dynamic situation of the globe . The quest for fixed points, base lines, benchmarks and milestones would prove to be futile. Management Education should produce managers who are able to think on their feet and are able to exercise critical analytical ability to solve problem in face of incomplete information . Those who remain wedded to the practice of drawing conclusions about the future from their past experiences are most likely to get it wrong. In my view as I see it today there are at least 6 Drivers of Globalization . I do not rule out the possibility that all of us can have our own set of Drivers of Globalization . But at least these are the Drivers of Globalization which I see as formidable in today’ s world but they may change tomorrow or we may subtract or add to this list. 1. The first and the most important- there is a huge Demographic Transition which has already started but is going to intensify in the next four or five decades. . Most of the European countries , Japan and United States are going to have a higher proportion of aged population compared to the younger population and the Dependency ratio will rise. These countries will face labor shortages if they do not allow immigration into their countries. China is going to enter that phase a little later which is 2050 onwards. The only region where the proportion of the younger population is actually rising and will continue to have an upward trend is the South Asia region. This is something which the policy makers in this region have to take cognizance of and prepare their respective national labour forces for taking over as work force of the globe. The more skilled our labor force is , the better off we will be in capturing a large share in the Global job market. So this demographic transition c an become a huge premium, a plus, a potential for higher economic development for South Asia Region. And if we put our act together today then the chances for this generation of younger students present at the conference will be much brighter than it was for our generation or our parents in South Asia. So, this is clearly a positive factor, but this can also turn into a night mare, a bleak scenario . The sheer thought of seven million new jobs to be created in India annually to absorb the new entrants to the labor force is simply overwhelming. This poses a tremendous challenge for the policy makers and the businesses. So, if we do it wrong that is if we produce wrong kind of manpower— ill equipped or unskilled or poorly trained , uneducated and illiterate —then we are going to face rising unemployment, high inequalities and a social upheaval. The choice clearly rests with us but more important is the urgency of action . 2. Second there is an explicit and projected shift in balance of economic power. If we look at all the projections it shows that China is going to overtake United States. It has already overtaken Japan to become the second largest economy in the world. When will this happen? Some people say, 2025, some others put it 2020 or anywhere in between China will become the world’s largest single economy. China is already world’s largest single exporting nation .Most scholars and analysts have termed the 21st century as Asian Century and so the balance of economic power is going to migrate from Japan, Europe and the United States towards Asia and the model which is actually helping the Asian countries is the intra regional trade. In place of the traditional production processes we are witnessing a new phenomenon of value chain . It starts with the components, raw material and parts coming from different parts of Asia on the basis of their quality and competitive pricing and ending up in China in form of final assembled goods. So although it is true that the origin of the good is recorded as from China there are many countries which are the beneficiaries and within these countries a growing number of firms which are participating in this process . So, vertical Integration is no longer a viable business model as far production is concerned. On the other side , India is becoming the centre not only for IT Services but if we look in the last few years we can see R&D centers in Pharmaceutical Industry, financial services industry locating in India because of the kind of trained manpower which is available here. It is efficient, is high quality, but is cheaper. Those are the advantages that are making India the preferred location for Services industry.. So the goods are being manufactured in the world’s factory which is China and the services are coming more and more in the lap of India. These two are going to emerge as the economic powers in the next thirty to forty years at the expense of other OECD countries or the developed countries . The growth rate in most developed countries is hardly averaging 2 to 3% per annum while in addition to China, India, countries such as Indonesia, Vietnam, Malaysia, Thailand are all growing in the range of 7 to 10 %. So the differential growth rate is going to make a difference as far as the shift in the economic power is concerned. 3. The third driver is the speed of technology dissemination and assimilation . It is so rapid that it does not really bind itself to any particular geographical boundaries or territory. It is pan global. The internet , the software applications, the rising connectivity , the spread of mobile phones in developing countries and more user friendly technologies like the search engines have enabled us to access , assimilate and apply new knowledge and techniques without leaving our shores and incurring any additional expenses. Knowledge is a public good with a characteristic that the more it is utilized the better off the society is. World Wide Web and Search engines have allowed us to tap into data bases such as Google Scholars and we can find out all the scholarly academic knowledge about a particular sub-discipline of a larger discipline. Technological tools have allowed knowledge to be at the finger tips of both the students and the teachers as well as the practitioners in all parts of the world and the speed of diffusion is going to be further accelerated. The talk about Digital Divide is passà ©. Therefore, the differential among nations and among countries based on comparative advantage in technology is likely to disappear, and there will be a seamless boundary as far as spread of technology is concerned. And those countries which are able to take advantage of these seamless boundaries would be able to do much better than other countries. 4. Related to this is the fourth point i.e. the explosion in information. Younger students who are studying business administration would find that five years from now all that they have learned in their classes, books, reading materials would be outdated. The obsolescence of human knowledge is now going to be as strong as obsolescence of machinery. The machinery-we can lubricate it, we can replace a part, we can change certain processes and make it functional, we can upgrade the machinery. But the up-gradation of human minds requires very complex dynamics. And the human being himself has to be in the driving seat. If the human being, himself or herself is not interested in continuous learning, lifelong education and up-gradation of knowledge the chances are that individual is going to be obsolete and unemployable and that will be a deadweight loss as far as the economy is concerned. And now, how do we incentivize, motivate these individuals to invest in the lifelong continuous learning is a major issue that all of us have to come to grips with. Assessing quality of initial degree and education for purpose of recruitment to the labor force will no longer be the principal preoccupation for HR professionals but recharging the intellectual batteries of their employees over life cycle of professional career will be . It will not be so easy, it is a very complex phenomenon , and extremely difficult to operationalize. We know how to fix a machine even the most sophisticated ones. With human beings, it is next to impossible to fix human mind sets the same way. So this challenge of information explosion and its sifting and transfer to the human minds for the benefit of the firm or the enterprise is going to face us starkly in the future. 5. Fifth, the world is becoming quite conscious of social and environmental values. The headquarters of world’s largest fast moving consumer goods industry Unilever, was besieged by Green Peace volunteers. The reason — Unilever was buying its palm oil from Indonesia, where they had carried out deforestation in order to plant oil palm. This created a huge hue and cry worldwide and Unilever had to pledge itself that it would no longer purchase any supplies originating from deforested areas. It also subscribed to the campaign against deforestation. There are other examples where Nike was stopped to pull out of a country because the shoes were being fabricated by child labor. So the values of environmental sustainability and social responsibility are going to emerge in a globalized economy much sharper. Narmada Dam movement in India was precursor for a new thinking about human resettlement. At that time the forces of globalization were not as strong as today but the awareness which was created by the civil society of India reverberated throughout the world. A powerful institution like the World Bank had to abandon the financing of Narmada Dam, because of the issues of resettlement and displacement of human beings agitated and brought in forefront by the Civil society organizations . Imagine, if there was even a proposal for a dam much smaller than Narmada Dam today how quickly the world community would actually react. Therefore, the adoption of ethical, social and environmental values will have to be integrated to make a more viable business model . Simply, maximizing short term profit maximization for shareholders would no longer be acceptable. Environmental sustainability and Social responsibility have also to be taken into account not just profitability. So this is something whic h we have to integrate in our thinking in the business schools and in the state of the firms. 6. And finally we have seen immense financial integration. We have seen consequence of financial integration in form of 2008-2009 crisis. Even countries like India, Pakistan and China which are not so strongly linked with international financial system , had pursued cautious liberalization and kept Capital Account not totally open were hit by the contagion effect of the crisis which originated in the US. . China and India recovered quite quickly because their economies are quiet resilient. But the fact remains the cost both on the real economy, as well as the human cost of social sufferings are going to be quite large because of financial markets not behaving in some parts of the world. And look at what is happening today. US Fed Reserve is following a very loose monetary policy –Quantitative easing (QE) –and who is suffering as a result of this policy? Countries such as Brazil and India are faced with capital inflows. If they don’t sterilize these capital flows, then they are faced with competitiveness issue. If they sterilize them they have an expansion in money supply causing an inflationary pressure on the economy. So emerging economies with sound economic management are in worst of both the worlds. Therefore how to handle the financial integration and financial markets will require a lot of ingenuity on the part of national economic managers. Let me conclude by submitting that any scenario analysis, which we do, has to take into account the fact that the world ahead is going to be more uncertain. There will be lot of unintended consequences of policies not made in the country but originating from outside the country. Our capacity to react at the national level to global events , the firms’ capacity to respond and the managers’ ability to handle are likely to be the critical success factors. That is what we should be educating our younger management graduates in the future.

Tuesday, July 30, 2019

Contract Act 1872

Legal Aspects Of Business – Indian Contracts Act 1872 Indian Contract Act 1872 is the main source of law regulating contracts in Indian law. CitationAct No. 9 of 1872 Enacted byParliament of India Date enacted25 April 1872 Date commenced1 September 1872 The law relating to contracts in India is contained in Indian Contract Act, 1872. The Act was passed by British India and is based on the principles of English Common Law. It is applicable to the All States of India except the State of Jammu & Kashmir. It determines the circumstances in which promise made by the parties to a contract shall be legally binding on them.All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement of these rights and duties upon the parties in India. History The Indian Contract Act came into force on 1 September 1872. It Was Enacted Mainly With a View To ensure Reason able Fulfillment of Expectation Created By the promises of the parties and also enforcement of obligations prescribed by an agreement between the parties.The Third Law commission of British India formed in 1861 under the stewardship of chairman Sir John Romilly, with initial members as Sir Edward Ryan, R. Lowe, J. M. Macleod, Sir W. Erle (succeeded by Sir. W. M. James) and Justice Wills (succeeded by J. Henderson), had presented the report on contract law for India as Draft Contract Law (1866). The Draft Law was enacted as The Act 9 of 1872 on 25 April 1872 and the Indian Contract Act, 1872 came into force with effect from 1 September 1872. Before the enactment of the Indian Contract Act, 1872, there was no codified law for contract in India.In the Presidency Towns of Madras, Bombay and Calcutta law relating to contract was dealt with the Charter granted in 1726 by King George I to the East India Company. Thereafter in 1781, in the Presidency Towns, Act of Settlement passed by the B ritish Government came into force. Act of Settlement required the Supreme Court of India that questions of inheritance and succession and all matters of contract and dealing between party and party should be determined in case of Hindu as per Hindu law and in case of Muslim as per Muslim law and when parties to a suit belonged to different persuasions, then the law of the defendant was to apply.In outside Presidency Towns matters with regard to contract was mainly dealt with English Contract Laws; the principle of justice, equity and good conscience was followed. Development The Act as enacted originally had 266 Sections, it had wide scope and included. General Principles of Law of Contract::::::::: 1 to 75 Contract relating to Sale of Goods::::::::::::76 to 129 Special kinds of Contracts (includes indemnity, guarantee, bailment & pledge:::::::::::::::::125 to 238 Contracts relating to Partnership::::::::::::239 to 266 Indian Contract Act embodied the simple and elementary rules rel ating to Sale of goods and partnership. The developments of modern business world found the provisions contained in the Indian Contract Act inadequate to deal with the new regulations or give effect to the new principles. Subsequently the provisions relating to the sale of goods and partnership contained in the Indian Contract Act were repealed respectively in the year 1930 and 1932 and new enactments namely Sale of Goods and Movables Act 1930 and Indian Partnership act 1932 were re-enacted. At present the Indian Contract Act includes:General Principles of Law of Contract:::::: 1 to 75 Special kinds of Contracts (includes indemnity, guarantee, bailment & pledge::::::::::::::::::::::::::125 to 238 Definition Section 2(h) of the Act defines the term contract as â€Å"any agreement enforceable by law†. There are two essentials of this act, agreement and enforceability. Section 2(e) defines agreement as â€Å"every promise and every set of promises, forming the consideration for each other. † Again Section 2(b) defines promise in these words: â€Å"when the person to whom the proposal is made signifies his assent there to, the proposal is aid to be accepted. Proposal when accepted, becomes a promise. † And other words Say Agreement is Sum of all contract are agreement, but all agreement are not contract.. ?CONTRACT=AGREEMENT+ENFORCEABLE BY LAW( LAW) Essential Elements of a Valid Contract According to Section 10, â€Å"All agreements are contracts, if they are made by the free consent of the parties, competent to contract, for a lawful consideration with a lawful object, and not hereby expressly to be void. † Essential Elements of a Valid Contract are: 1.Proper offer and proper acceptance. there must be an agreement based on a lawful offer made by person to another and lawful acceptance of that offer made by the latter. section 3 to 9 of the contract act, 1872 lay down the rules for making valid acceptance 2. Lawful consideration: An agr eement to form a valid contract should be supported by consideration. Consideration means â€Å"something in return† (quid pro quo). It can be cash, kind, an act or abstinence. It can be past, present or future. However, consideration should be real and lawful. 3.Competent to contract or capacity: In order to make a valid contract the parties to it must be competent to be contracted. According to section 11 of the Contract Act, a person is considered to be competent to contract if he satisfies the following criterion: The person has reached the age of maturity. The person is of sound mind. The person is not disqualified from contracting by any law. 4. Free Consent: To constitute a valid contract there must be free and genuine consent of the parties to the contract. It should not be obtained by misrepresentation, fraud, coercion, undue influence or mistake. . Lawful Object and Agreement: The object of the agreement must not be illegal or unlawful. 6. Agreement not declared voi d or illegal: Agreements which have been expressly declared void or illegal by law are not enforceable at law; hence they do not constitute a valid contract. 7. Intention To Create Legal Relationships:- when the two parties enter in to an agreement,there must be intention to create a legal relationship between them †¦ if there is no such intention on the part of the parties .. there is no contract between them .. greements of a social or domestic nature do not contemplate legal relationship;as such they are not contracts. 8. Certainty, Possibility Of Performance 9. Legal Formalities 10. By surety Types of contracts On the basis of validity: 1. Valid contract: An agreement which has all the essential elements of a contract is called a valid contract. A valid contract can be enforced by law. 2. Void contract[Section 2(g)]: A void contract is a contract which ceases to be enforceable by law. A contract when originally entered into may be valid and binding on the parties. It may su bsequently become void. There are many judgments which have stated that where any crime has been converted into a â€Å"Source of Profit† or if any act to be done under any contract is opposed to â€Å"Public Policy† under any contract—than that contract itself cannot be enforced under the law- 3. Voidable contract[Section 2(i)]: An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of other or others, is a voidable contract. If the essential element of free consent is missing in a contract, the law confers right on the aggrieved party either to reject the contract or to accept it.However, the contract continues to be good and enforceable unless it is repudiated by the aggrieved party. 4. Illegal contract: A contract is illegal if it is forbidden by law; or is of such nature that, if permitted, would defeat the provisions of any law or is fraudulent; or involves or implies injury to a person or proper ty of another, or court regards it as immoral or opposed to public policy. These agreements are punishable by law. These are void-ab-initio. â€Å"All illegal agreements are void agreements but all void agreements are not illegal. † 5.Unenforceable contract: Where a contract is good in substance but because of some technical defect cannot be enforced by law is called unenforceable contract. These contracts are neither void nor voidable. On the basis of formation: 1. Express contract: Where the terms of the contract are expressly agreed upon in words (written or spoken) at the time of formation, the contract is said to be express contract. 2. Implied contract: An implied contract is one which is inferred from the acts or conduct of the parties or from the circumstances of the cases.Where a proposal or acceptance is made otherwise than in words, promise is said to be implied. 3. Quasi contract: A quasi contract is created by law. Thus, quasi contracts are strictly not contracts as there is no intention of parties to enter into a contract. It is legal obligation which is imposed on a party who is required to perform it. A quasi contract is based on the principle that a person shall not be allowed to enrich himself at the expense of another. On the basis of performance: 1. Executed contract: An executed contract is one in which both the parties have performed their respective obligation. . Executory contract: An executory contract is one where one or both the parties to the contract have still to perform their obligations in future. Thus, a contract which is partially performed or wholly unperformed is termed as executory contract. 3. Unilateral contract: A unilateral contract is one in which only one party has to perform his obligation at the time of the formation of the contract, the other party having fulfilled his obligation at the time of the contract or before the contract comes into existence. 4.Bilateral contract: A bilateral contract is one in whic h the obligation on both the parties to the contract is outstanding at the time of the formation of the contract. Bilateral contracts are also known as contracts with executory consideration. Offer Proposal is defined under section 2(a) of the Indian contract Act, 1872 as â€Å"when one person signifies to another his willingness to do or to abstain from doing anything with a view to obtain the assent of that other to such act or abstinence, he is said to make a proposal/offer†. Thus, for a valid offer,the party making it must express his willingness to do or not to do something.But mere expression of willingness does not constitute an offer. An offer should be made to obtain the assent of the other. The offer should be communicated to the offeree and it should not contain a term the non compliance of which would amount to acceptance. Classification of Offer 1. General Offer: Which is made to public in general. 2. Special Offer: Which is made to a definite person. 3. Cross Of fer: Exchange of identical offer in ignorance of each other. 4. Counter Offer: Modification and Variation of Original offer. 5. Standing, Open or Continuing Offer: Which is open for a specific period of time.The offer must be distinguished from an invitation to offer. Invitation to offer â€Å"An invitation to offer† is only a circulation of an invitation to make an offer, it is an attempt to induce offers and precedes a definite offer. Acceptance of an invitation to an offer does not result in formation of a contract and only an offer emerges in the process of negotiation. A statement made by a person who does not intend to bound by it but, intends to further act, is an invitation to offer. Acceptance According to Section 2(b), â€Å"When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. Rules: 1. Acceptance must be absolute and unqualified. 2. Communicated to offeror. 3. Acceptance must be in the mode prescribed. 4. Acceptance must be given within a reasonable time before the offer lapses. 5. Acceptance by the way of conduct. 6. Mere silence is no acceptance. Silence does not per-se amounts to communication- Bank of India Ltd. Vs. Rustom Cowasjee- AIR 1955 Bom. 419 at P. 430; 57 Bom. L. R. 850- Mere silence cannot amount to any assent. It does not even amount to any representation on which any plea of estoppel may be founded, unless there is a duty to make some statement or to do some act 7. ffree and offerer must be consent Lawful consideration According to Section 2(d), Consideration is defined as: â€Å"When at the desire of the promisor, the promisee has done or abstained from doing, or does or abstains from doing, or promises to do or abstain something, such an act or abstinence or promise is called consideration for the promise. â€Å"Consideration† means to do something in return. In short, Consideration means quid pro quo i. e. something in return. An agreement must be supported by a lawful consideration on both sides. The consideration or object of an agreement is lawful, unless and until it is: forbidden by law, or s of such nature that, if permitted, it would defeat the provisions of any law, or is fraudulent, or involves or implies injury to the person or property of another, or the court regards it as immoral, or opposed to public policy. consideration may take in any form-money,goods, services, a promise to marry, a promise to forbear etc. Contract Opposed to Public Policy can be Repudiated by the Court of law even if that contract is beneficial for all of the parties to the contract- What considerations and objects are lawful and what not-Newar Marble Industries Pvt.Ltd. Vs. Rajasthan State Electricity Board, Jaipur, 1993 Cr. L. J. 1191 at 1197, 1198 [Raj. ]- Agreement of which object or consideration was opposed to public policy, unlawful and void- – What better and what more can be an admission of the fact that the consideration or object o f the compounding agreement was abstention by the board from criminally prosecuting the petitioner-company from offence under Section 39 of the act and that the Board has converted the crime into a source of profit or benefit to itself.This consideration or object is clearly opposed to public policy and hence the compounding agreement is unlawful and void under Section 23 of the Act. It is unenforceable as against the Petitioner-Company. Competent to contract Section 11 of The Indian Contract Act specifies that every person is competent to contract provided: 1. He should not be a minor i. e. an individual who has not attained the age of majority i. e. 18 years. 2. He should be of sound mind while making a contract. A person with unsound mind cannot make a contract. 3. He is not a person who has been personally disqualified by law. 4. not pardanashin women.Free Consent According to Section 14, † two or more persons are said to be consented when they agree upon the same thing in the same sense (Consensus-ad-idem). A consent is said to be free when it is not caused by coercion or undue influence or fraud or misrepresentation or mistake. Elements Vitiating free Consent 1. Coercion (Section 15): â€Å"Coercion† is the committing, or threatening to commit, any act forbidden by the Indian Penal Code under(45,1860), or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement. . Undue influence (Section 16): â€Å"Where a person who is in a position to dominate the will of another enters into a contract with him and the transaction appears on the face of it, or on the evidence, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in the position to dominate the will of the other. † 3.Fraud (Section 17): â€Å"Fraud† means and includes any act or concealment o f material fact or misrepresentation made knowingly by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto of his agent, or to induce him to enter into the contract. 4. Misrepresentation (Section 18): † causing, however innocently, a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement†. 5.Mistake of fact (Section 20): â€Å"Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void†. Performance Of Contracts The promise under a contract can be performed, as the circumstances may permit, by the promisor himself, or by his agent or his legal representative. 1. Promisor himself: â€Å"The contracts which involve the exercise of personal skill must be performed by the promisor himself. 2. Agent: â€Å"Where personal skill is not required, the promisor may appoint his agent to perf orm it. . Representatives: â€Å"On the death of the promisor, the legal heirs of the promisor must perform the contract unless a contrary intention appears in the contract. (section 37) 4. Third persons: â€Å"When a promisee accepts performance from a third person, he cannot afterwards enforce it against promisor†. 5. Joint promisors: â€Å"When two or more persons have made a joint promise, all such persons must jointly fulfil the promise, unless a contrary intention appears from it†. AgencyIn law, the relationship that exists when one person or party (the principal) engages another (the agent) to act for him, e. g. to do his work, to sell his goods, to manage his business. The law of agency thus governs the legal relationship in which the agent deals with a third party on behalf of the principal. The competent agent is legally capable of acting for this principal vis-a-vis the third party. Hence, the process of concluding a contract through an agent involves a two fold relationship.On the one hand, the law of agency is concerned with the external business relations of an economic unit and with the powers of the various representatives to affect the legal position of the principal. On the other hand, it rules the internal relationship between principal and agent as well, thereby imposing certain duties on the representative (diligence, accounting, good faith, etc. ). Under section 201 to 210 an agency may come to an end in a variety of ways: (i) By the principal revoking the agency – However, principal cannot revoke an agency coupled with interest to the prejudice of such interest.Such Agency is coupled with interest. An agency is coupled with interest when the agent himself has an interest in the subject-matter of the agency, e. g. , where the goods are consigned by an upcountry constituent to a commission agent for sale, with poor to recoup himself from the sale proceeds, the advances made by him to the principal against the security of the goods; in such a case, the principal cannot revoke the agent’s authority till the goods are actually sold, nor is the agency terminated by death or insanity. Illustrations to section 201) (ii) By the agent renouncing the business of agency; (iii) By the business of agency being completed; (iv) By the principal being adjudicated insolvent (Section 201 of The Indian Contract Act. 1872) The principal also cannot revoke the agent’s authority after it has been partly exercised, so as to bind the principal (Section 204), though he can always do so, before such authority has been so exercised (Sec 203).Further, as per section 205, if the agency is for a fixed period, the principal cannot terminate the agency before the time expired, except for sufficient cause. If he does, he is liable to compensate the agent for the loss caused to him thereby. The same rules apply where the agent, renounces an agency for a fixed period. Notice in this connection that want of skill con tinuous disobedience of lawful orders, and rude or insulting behavior has been held to be sufficient cause for dismissal of an agent.Further, reasonable notice has to be given by one party to the other; otherwise, damage resulting from want of such notice, will have to be paid (Section 206). As per section 207, the revocation or renunciation of an agency may be made expressly or impliedly by conduct. The termination does not take effect as regards the agent, till it becomes known to him and as regards third party, till the termination is known to them (Section 208). When an agent’s authority is terminated, it operates as a termination of subagent also. (Section 210)

Monday, July 29, 2019

A Worn Path By Eudora Welty Essay -- Eudora Welty, A Worn Path, Narrator

â€Å"A Worn Path† tells a story about a courageous elderly African American woman named Phoenix Jackson. Phoenix endangers her life to get a charity medicine for her grandson, who is unable to fully heal because of a lye accident. She walks an old worn path called the Old Natchez Trace to the city of Natchez in Mississippi. She goes through a series of obstacles on the long journey on a cold December morning. As the reader gets into the story it is apparent that this is not the first time she has made this trip to the city. Phoenix runs into a hunter, who she steals a nickel that drops out of his pocket, because her poverty drives her. This is foreshadowing for good things to come. When the beginning the reader does not know why she is making the trip because it is not revealed until the end. Once she reaches her destination she temporarily forgets why she made the journey in the first place, until reminded by a nurse. She is given the charity medicine and a nickel for the holidays. The story ends on... ... middle of paper ... ...seems reinvents herself every time she has to make that trip back home. The fact that the symbolism and this overall implied theme of â€Å"A Worn Path† collaborate so well together shows the depth of Welty’s writing style. Although the story is simple execution the meaning is timeless. Her repeated journeys reflect the lifetimes she has endured traveling to Natchez. â€Å"Phoenix 's rising out of the over-determination of this culture, as her name implies, is what the reader comes to appreciate.† (Dilgren, 2014) She is determined and persevering like a phoenix. She must deal with poverty, the pains of old age, and racial prejudice to care for her grandson with a scarred throat. The phoenix ties into the ageism as well because the phoenix is an old bird, but fierce, just the like character. The occasional journey on the Natchez Trace is only a small part of her complex story.

Sunday, July 28, 2019

Marketing strategy for managers Essay Example | Topics and Well Written Essays - 1250 words

Marketing strategy for managers - Essay Example Based on these factors a manager can decide how much to spend on advertisements, what values to promote and what kind of media to select for display of advertisements. Direct marketing which means non-existence of intermediaries between the manufacturer and the customer is another effective way of communicating value with the customers. Analyzing consumer markets Only by a thorough understanding of consumers can enable companies to ensure that â€Å"right products are marketed to the right consumers in the right way† (Kotler & Keller, 2012, p.151). The cultural and social background of consumers affects their buying patterns. The marketing manager needs to study the four major psychological processes like â€Å"motivation, perception, learning and memory† (Kotler & Keller, 2012, p.160) as these affect the behaviour of the consumers towards the market. Building strong brands A strong brand can be created by â€Å"careful planning and a deep long term commitment† ( Kotler & Keller, 2012, p.241). I feel a branded product or service creates a certain amount of trust among the consumers and in the modern day fast life brands enable consumers to easily identify a product thereby simplifying their decision making process. Brands can become successful only if consumers can get satisfaction from â€Å"past experiences with the product† (Kotler & Keller, 2012, p.242). This can happen only if a branded product can satisfy the needs of consumers and it maintains consistency with the messages provided through advertisements. I believe it is the job of the marketing manager to assess the likes and dislikes of the consumers regarding the brand and accordingly make improvements on the branded products or services. In... The essay demonstrates that the ability of a firm in establishing a profitable customer base and relationship highly depends upon the marketing manager. The contribution of the marketing manager in the success of the business in due course of time enhances the personal perspectives as well. Development of the buyer-seller relationship enhances dynamically and this takes place through the generation of linkages and relationships with entities of the external marketplace especially between the channels and that of the end users. Strategy enhancement is another dimension that develops as a personal perspective. The lifetime value of a customer can be said to be a driver that helps in the determination of the quantity of resources that a firm generally invests in a particular relationship. The mangers with their developed strategies attract the potential customers and maximize their investment in valuable resources along with the minimization in the non valuable investments. Individual c apabilities develop with time and the representation focuses towards a hardcore customer centric approach leading to the optimal fulfillment of their demands. The development of knowledge and that of the management of interaction is a kind of technology development and can be regarded as a key resource for the establishment of a long term and profitable customer relationship. A perfect blend of sales, marketing and that of service information system will act as a key variable in the development of robust paratnership with the customers.

Advanced Database Essay Example | Topics and Well Written Essays - 1250 words

Advanced Database - Essay Example atabase management system shows that it can be a perfect solution for the exponentially growing data volumes.It employs distributed computing approach and would be a perfect choice for managing such big data. The term NoSQL has been denoted as â€Å"not only SQL† by many people. It however has no any universally accepted definition. This title is affiliated to the fact that NoSQL databases do not require execution of SQL statements to query the database. It was devised by Carlo Strozzi in 1998 while referring to his Light Weight, Open Source Database that had no any SQL interface.It is designed in a manner that data storage does not take the form of schemas, thereby avoiding join operations and making it easy to scale horizontally. In 2009, Eric Evans from Rackspace Inc. also used the term while referring to databases which are distributed and non-relational, and which did not conform to the ACID properties of the traditional relational database management systems. Later discussions and use of NoSQL got an impetus that saw it growing remarkably. NoSQL is a group of eclectic non-relational data management systems in which the databases does not use the table schemas to store data. Manipulation of these databases does not rely on SQL as is the case of the conventional relational database management systems. NoSQL databases have gained much impetus due to their ability to support huge quantities of increasing data. With the application of the distributed systems concept, NoSQL databases are designed to handle massive data processed parallel across many servers, employing the use of non-SQL mechanisms and languages to manipulate data. This is achieved through various APIs that aid in converting SQL statements into the system’s innate query language. They emerged as a solution to the challenge major internet companies were facing while dealing with huge quantities of data. To guarantee data integrity, most conventional database management systems employ the aspect

Saturday, July 27, 2019

Discrimination Based on Religion and National Origin Essay

Discrimination Based on Religion and National Origin - Essay Example Accordingly, as it is made known to her that customers need English speaking sales professionals, Mary was aware of the needs of the customers as well as her responsibilities, which include speaking in English. Additionally, the Spanish language was not prohibited as long as it is used to communicate with a Spanish-speaking customer. In the context of Mary’s case, it can be said that the imposition of the â€Å"English Only Policy† is to prevent misunderstanding between employees and customers. Murray and Bernard mentioned that with the diversity in the workforce today, there is a need to impose a preferred language to ensure effective and comprehensible communication among customers and employees (1). Additionally, Mary’s dismissal is not merely based on her language, but it is based on the idea that she did not use the prescribed language preferred by the company. For this reason, Sears did not violate the law that protects employees against racial, ethnic, and religious discrimination. Based on Title VII, Tucker and Haddad flesh out that the concept of religion, in the juridical context, includes all the religious practices, observances, and beliefs of an individual (217). With this definition, it can be said that religion has a wide scope that accommodating all of the employees’ religious preferences may be difficult. Furthermore, although it is a general rule that employers should not discriminate an employee’s religion, service industries and religious-related organizations are exempted from the limitations prescribed in Title VII of the Civil Rights Act of 1964. Service industries and organizations associated with a particular religion can discriminate an employee’s religion. For instance, the airline industry, in its service-oriented business process, is allowed to disregard the religious practices of their employees and oblige them to work especially when the work is a business necessity. Considering the rationale of the exception, I

Friday, July 26, 2019

Calculus Concepts Assignment Example | Topics and Well Written Essays - 750 words

Calculus Concepts - Assignment Example For instance, a function y +3x +2 = 0 is expressed with both dependent and independent variables. Although implicit functions can be converted to explicit functions, it may result to a complex function which may be hard to solve. Implicit differentiation is useful in differentiating implicit functions (functions not in the form y = f(x)). Given a function say , implicit differentiation demands we differentiate all elements of the equation with respect to x, even y variables but not treating y as a constant. This would give: In the second education, all functions of y are differentiated using chain rule where . Once the differential is performed is made the subject of the formula. Implicit differentiation is useful in performing implicit functions. Instead of putting y the subject of the formula and making the function a complex one, implicit differentiation assists in simplifying implicit functions. Logarithmic functions are useful in solving differential problems that involve complex product or quotient rule. In logarithmic differentiation, the function is expressed in the form of the natural logarithm, and it is implicitly differentiated. Given a function with a lengthy product that would give a huge sum while using the product rule, logarithmic differentiation comes in handy. For instance; One of the applications of Calculus is in curve sketching. Curve sketching involves using specific values of functions to estimate its structure. In curve sketching, we have the absolute maximum and a local maximum. The main difference between the two is that the absolute maximum is the maximum value of the function that takes over the whole domain. This means that in a given range, the absolute maximum is the largest value of the function obtained by performing a differentiation of the functions and equating it to zero. On the other hand, the local maximum is the largest value of the functions on a given section but not on the entire domain. The given image below

Thursday, July 25, 2019

Preach a narrative sermon based on a short passage of Scripture Essay

Preach a narrative sermon based on a short passage of Scripture applying the learning from the Narrative Preaching Topic to its preparation - Essay Example The word of God in the book of 1Timothy 4:12 reads, â€Å"Let no one despise you for your youth, but set the believers an example in speech, in conduct, in love, in faith, in purity.† As a woman, you may be vulnerable to mistreatments due to world culture of consider females as inferior gender. People may abuse and insult you so that you feel to have a lower and powerless to defend yourself. The Bible encourages you not to allow people despise you because of your youth. The fact that you trust and believe in God establishes the foundation of strength and encouragement. Our God and Jesus His Son promised never to forsake the believers. Our Father is always willing and able to come to your rescue. Even God recognizes that that youthfulness is a moment of strength that people should most of what they desire (Spencer, 2014). Despite of the challenges and problems of youthfulness, God views youthfulness with great reverence. As a believer, you should not struggle to gain the trust of the world. Instead, let yourself be trustworthy to God and your life shall not have any blemish. Do not hate your aggressors or those who betray your trust. God will hear you and will not care about your sex. Ask God to give love, understanding and courage to face your worldly enemies. Just as the Bible verse advises, speak to the believers in love, faith, purity and conduct. You cannot exhibit love, faith, purity, and good conduct if you lack God’s mercies (Spencer, 2014). He gives the qualities to those who believe in Him and walk in His ways. Remember that God’s ways are righteous and pure so that any person who wants to walk in the way must desire righteousness and purity. Do not lose heart for The Lord has you in His heart and will be your anchor, protector and comforter when the whole world attempt to forsake you. In fact, it is better for the world to forsake you because it is then that God will accept you. The ways and the love of the world are

Wednesday, July 24, 2019

In what ways does Harrison Bergeron by Vonnegut and the ones who walk Coursework

In what ways does Harrison Bergeron by Vonnegut and the ones who walk away from the omelasLeGuin does dystopian works - Coursework Example Harrison Bergeron by Kurt Vonnegut, Jr. and The Ones Who Walk Away From Omelas by Ursula Le Guin are two examples of dystopian works. In both these stories, the authors give descriptions of futuristic societies that are majorly characterized by the concepts of perfection and equality. In Harrison Bergeron for instance, the author describes a futuristic society of 2081 in which the government has put controls in place to enhance equality in the society. In this society, no one is supposed to have an advantage over the other. Similarly, in The Ones Who Walk Away From Omelas, the story describes the peace, happiness and abundance enjoyed by the people of the city of Omelas, and the cots the society has to pay to enjoy these fortunes. In both stories, elements of dystopian societies are evident. In the story The Ones Who Walk Away From Omelas, the concept of a dystopian society is well brought out by the author’s description of the child that lives in a room with one door and no window. According to the author, the child has been neglected, and as a result, he may have become an imbecile due to poor nutrition and neglect. The people of Omela know that this child is suffering in the tiny room, and even some of them have come to see the child. However, they know that the child has to be there because all the things they enjoy- happiness, friendships, health of their children, good harvest- all depend on the child’s suffering. This is what is usually told to children whenever they get to the age of understanding. This is a clear illustration of a dystopian society in which propaganda is used to manipulate the people. In dystopian society, propaganda is used to control the citizens, just is the case in Omela. In addition, the author shows that even those who sympa thize with the child are afraid to do anything or leave the city. This is also an illustration of

Tuesday, July 23, 2019

SEN Autism and Learning Literature review Example | Topics and Well Written Essays - 2000 words

SEN Autism and Learning - Literature review Example The exact cause of Autism remains unknown, and is still under the purview of various ongoing scientific researches. From the previous researches conducted by different scientists there are suggestions that Autism may result from genetic mutations within the human body, but there are no clarifications, as of yet, whether this condition results from rare genetic mutations, or from the rare combinations of commonly occurring gene variants (Abrahams and Geschwind, 2008, 345).    There are also other researches that suggest that Autism may be caused by certain environmental  factors, like pesticides, vaccinations in children, and heavy metals  (Rutter, 2005); though the hypothesis in children’s vaccines has been strongly contended by other researchers, owing to a complete lack of any supporting  scientific material (Gerber and Offit, 2009, 256-261). Kestenbaum (2008), in his research papers suggested that Autism can be observed in a child even before he is 3 years of age, t hough the American Psychiatric Association (2000) states that the external manifestations of Autism during infancy, especially during the child’ first two years, are very subtle and almost esoteric in nature, thus making it extremely difficult to delineate and diagnose the disorder. Autism can be identified by certain clinically characteristics that can be broadly defined as â€Å"deficits in reciprocal social behaviour,  with accompanying delays in the development of language, and  by the emergence of stereotypic patterns of odd behaviour...that reflects a restricted range of interests. Reciprocal  social behaviour refers to the extent to which a child engages  in...social interaction with  others† (Constantino and Todd, 2000, 2043).... This essay approves that from a study of its symptoms and characteristics of the disorder, it is now quite evident that the diagnoses of Autism would be more behaviour based, and not dependent on the mechanism or cause of the disorder. The two most commonly used diagnoses tests for Autism are the Autism Diagnostic Interview-Revised which as a form of semi-structured parent interview; and the Autism Diagnostic Observation Schedule for observing and interacting with a child, in order to understand the nature of his impairments. This report makes a conclusion that autism is a form of developmental disorder that can be diagnosed as early as in a three year old child. However, one must take care that once a child is diagnosed as Autistic, the parents must go in for early intervention, so that the available support systems be started as early as possible, in order to give the child the maximum benefit as regards assistance in acquiring skills necessary for self-care, and social interactions which would help the child to integrate better into the society as he grows up. Counsellors working with autistic children should approach the child with a broader perspective, and include other service providers like psychiatrists, teachers, and other experts in the medical field. The teachers, within an inclusive model, must be well trained and given appropriate support so that they can effectively teach within an integrative classroom setting. Thus, the chief aim should be not in differentiating according to a childâ€⠄¢s disabilities, but more towards focussing on how to integrate a child with learning disabilities with the general children in a class, and the society at large.

Dakota world Essay Example for Free

Dakota world Essay In terms of survival and civilization, the story is a question why education is equipped for ones survival? Is the culture of Euro- American defines the development of an individual that disassembles their Native American culture as one that is not capable to stand their community? Yes, the new culture may have the positive objective for their group but the approach to them is definitely a question from the author. So, through her stories, just like the little girl going to a school it reflects her Native race upon drilling to the Euro-American customs(Publication). The actual happenings at school is well illustrated by the author. Regarding the persuasion of the Quaker missionaries to let her attend school, she at eight years old together with other Yankton children was lured about the stories of the Red Apple Country†(Stein). Her hesitation was instantly taken out from the promises of missionaries of the apple orchards. Although she was never been swindled, she gained their trust even though a lot of warnings was advised by her mother. The apple orchards attracted her innocent mind and therefore she accepted the offer of education from the missionaries. Her mother had no other choice but to give way to her daughters’ decision. Her discern was that, even if the transition is hard from the innocence to experience for child, she definitely believes that the education would be fully needed and of great use when more Euro-Americans will settle. Gertrude works are fascinating and the vibrant it forms shows the indignations endured by the Native Americans on Christians hands. She is ardently against with the oppression done by the Euro-American culture so she made a character from them describing it as â€Å"pale-faces† as near part of her language(Giese). From the story of â€Å"Adam and Eve†, Gertrude wisely portray the fall of Eve. It is as a form of metaphor showing the seduction using The Big Red Apples† to the Native Americans by the whites(Kroeber). Because of her ambition to be educated, the snake had the opportunity to seduce Eve. Gertrude created a parallelism from the childhood experiences she encountered with the â€Å"pale-faces† upon their quest in to their community for recruiting Indian children for the missionaries’ school. These group of man who settled into their village seductively promised saying to the little girls that, â€Å"the nice red apples are for those who pick them in the East†(Kroeber). Therefore, in contrast to her mother’s longing, the apple from the forbidden tree was eaten by Gertrude so she headed east. The mastery of Gertrude in using languages and her grapple to Western insinuation made her style in writing very effective. Same as other minority writers, to counterfeit the problem with culture oppression, she focused in a different writing strategy to get the attention of the dominant culture so that her voice would be heard, upon her call for understanding their cultural situation. Her essay on â€Å"The Big Red Apples caused the white readers to think and give insights that the traditional Christian had captured the ideologies of the Indians and from this, it suggested the Indian culture where corrupted by Euro-American culture(Minnesota). To sight some problems she encountered in her schooling experiences that made her some sort of stubborn and brute in the eyes of the missionaries was the scene in â€Å"The Cutting of My Long Hair. It is the schools policy to trim the hair of their students, yet for her she knows that it depict a symbol of either shame or mourning. So she can’t submit herself with the policy of the missionaries. She knows that they are strong and that their group can’t bend the rule but she still rebelled and struggled. Zitkala-Sa snuck upstairs and went under the bed to hide her self(Bonnin). When she was found by the teachers, due to her severe resistance she was dragged out from the bed. Although she fought by kicking and wild scratch attack, she was still carried and brought down and controlled her movements by tying her fast in a chair. Another, problem encountered by Gertrude after three years of schooling was when she was allowed to go home to have the chance to be with her family. She suddenly felt that due to her living with the Euro-American and the education with her, she then had the sentiment the she was now become an alien of her own tribal custom. Getting her precise statement about the situation, she said that, â€Å"during this time I seemed to hang in the heart of chaos, beyond the touch or voice of human aid† (Bonnin). Her thoughts made a problematic scheme out of it questioning what to do, since long she have been already alienated from the Euro-American culture because of her race, and know she is being attack by an emotion of culture crisis to her own tribe as a consequence of her adopted education. Comparing her life before, to the midst of the Indian grounds she was just a young girl who was innocent and free. Yanktons kids that are older than her always show respect and love to her(Bonnin). They treated her nicely that even though she commits mistake of using ashes instead of the grounded beans for coffee when a visitor comes while her mother is not yet around, the situation is just being passed by without eve scolding her. When playing with her friends, as far as they want they could run freely making a chase with their shadows and do consecutive hounds under the clouds. She loves listening evening stories from their elders while gazing up in the stars above her. Her life was surrounded by people to whom she surely trusts and that she assures them that there is no reason to mistrust the tribe where she belongs. But as an effect of sudden circumstances, after her ignorance and prioritizing the need for education, the sympathy that she always encounters and received from her Dakota world is abruptly abandoned(Giese).

Monday, July 22, 2019

A Critical Essay on Raimondo Pannikar Essay Example for Free

A Critical Essay on Raimondo Pannikar Essay Raimondo Panikkar is a Roman Catholic Priest who specializes in the study of comparative philosophy of religion. He was born in Barcelona Spain on November 03, 1918. Perhaps, the mixed inter faith marriage of his mother, who was a Catholic from Catalonia Spain, and his father who was a Hindu from a highly situated caste Nair from South India, accounts most for his interest in comparative religious philosophy. His education also contributed much in this. He was educated in a Jesuit school and he took up chemistry and philosophy at universities in Madrid, Barcelona and Bonn. After being ordained as a Roman Catholic Priest in 1946, and holding doctorates in Philosophy and Science (Complutense University, Madrid 1945 and 1958) and theology (Pontifical Lateran University, Rome, 1961), he left for India in 1953 to undertake studies in Indian philosophy and religion at the University of Mysore and at the Banaras Hindu University. He authored 40 books and almost a thousand articles dealing with comparative philosophy and religion and has deliberated on principles and practices of multi-faith, which includes among others, dialogues between Christian-Hindu, Christian-Buddhist and Christian-Secularist. In the book Intrareligious Dialouges, Panikkar said I left as a Christian; found myself a Hindu; and I return as a Buddhist, without having ceased to be a Christian. (Panikkar, Paulist Press; revised edition, July 1999. ISBN 0809137631). Panikkar’s contributions are widely quoted and heavily used to support the theory of (your family name 2) religious pluralism, interfaith and multi-faith studies as well as religious comparative philosophy. THE WEBSITE HTTP://WWW. RELIGIOUSTOLERANCE. ORG No matter how you describe yourself, you should find your beliefs and practices accurately represented in this website. – (ReligiousTolerance. org) This site is a copyrighted side by Ontario Consultants on Religious Tolerance. In their Statement of belief the web masters said that they are a multi-faith group. As of 2008-FEB, we consist of one Atheist, Agnostic, Christian, Wiccan and Zen Buddhist. Thus, the OCRT staff lack agreement on almost all theological matters, such as belief in a supreme being, the nature of God, interpretation of the Bible and other holy texts, whether life after death exists, what form the afterlife may take, etc. (ReligiousTolerance. org) They proceed to enumerate key points in their belief system in a bullet style, and among others, said that they In working towards a culture that is relatively free of discrimination on the basis of gender, race, sexual orientation, gender identity, religion, national origin, physical disability, age, etc. (ReligiousTolerance. org). On the left hand side of the website there are clickable links of articles and essays that list among others, the major religions of the world, Non-theistic articles such as Agnosticism and Humanism. There are also articles on Spiritual Ethics, Peace and Conflict, â€Å"Hot† Topics as well as Laws and News. Over-all the website is plain and straightforward. The interface is very easy to (your family name 3) use and very user friendly. The website has sponsors ads, but none of the usual annoying pop-ups, and/or annoying background music and other widgets that are found in other websites. The articles in the website presented in a logic way, are easy to use and topics are indexed clearly for easy referencing and retrieval. It is also peppered with nuggets and quotes from religious leaders and other notable personas. One such example is on the bottom part of the web page, from Mahatma Gandhi â€Å"The need of the moment is not one religion, but mutual respect and tolerance of the devotees of the different religions. (Ghandi). The website is a valuable resource for information in the major religions of the world. It is an excellent source of in depth religious comparative articles as well as current issues affecting faith and practice. WORKS CITED Pannikar, Raimondo. Intrareligious Dialouges: Paulist Press; revised edition, July 1999. ISBN 0809137631). Raimon-Panikkar. org Fundacion Vivarium Raimon Panikkar – Tavertet (Catalunya) Retrieved February 25, 2009. http://www. raimon-panikkar. org/index. html ReligiousTolerance. Org. Ontario Consultants on Religious Tolerance. Retrieved February 25, 2009. http://www. religioustolerance. org/

Sunday, July 21, 2019

The Discovery Of America

The Discovery Of America The discovery of America is one of the most argued and controversial issues discussed today by historians and different groups of interest. Many people think that Columbus deserves the praise for the discovery of America while, others believe that he deserves no credit because when he landed on the Island there were already natural inhabitants there who had been living there for centuries. Certainly, historical scriptures show that Columbus was not the first one to step on the new world. There were other people who expedited to America, some with the aim of finding a new world and some for discovering other places. However, still in todays new world much acknowledgment is given officially to Christopher Columbus for discovering their place without recognizing that other people who visited before the new land have set the prerequisites for Columbus to continue with his search. Thus, before Columbus made the giant leap on the new world, there were already existing footprints of the Vik ings, Leif Erikson, and Prince Madoc of Wales. The Vikings society is known in the history as first notated discovery proving that Columbus wasnt the first to discover the New World. The Vikings were the oldest and largest Dark Age re-enactment society in the United Kingdom, and probably the world. Columbus discovery occurred in 1492 but, the discoveries from the Vikings go all the way back to the period of 790 to 1066. The truth about Vikings colonization of North America was uncovered in 1961 at LAnse-aux-Meadows, Newfoundland, by a team of archaeologists lead by Helge Ingstad. They unearthed the remains of a Viking settlement dated to around 1000 AD. By 1973, archaeologists had uncovered the remains of seven Viking houses, a blacksmiths shop, and a host of medieval artifacts, including rusty nails, fragments of iron, a small piece of smelted copper, a stone lamp, a Norse cloak pin and a spindle whorl for making wool. Radiocarbon tests dated the at least a dozen objects to about AD1000, plus or minus 70 years (Fulton, 41). Viki ng rune stones have been discovered in Maine, New Hampshire, Rhode Island Minnesota, Oklahoma and Massachusetts. And a rusty though perfectly good battle axe at Rocky Point, Cape Ann (Fulton, 41). Thus, it is argued that the Vikings were among the first to step on the new world that made a major impact on European history through trade, travel and, many advances in art and family life. In addition, Lefi Erikson played an important role in discovering America. To begin with, the earliest documented claim for the discovery of America belongs to a Norse Captain named Bjarni Herjolfsson. Professor Samuel Wilson of the University of Texas writes of Bjarni, à ¢Ã¢â€š ¬Ã‚ ¦sailed from Iceland for Greenland in search of his father. During his journey he ran into bad weather and was blown off course to a coast that did not fit the formidable mountains and glaciers of Greenland.(18). Only wanting to find his father, Bjarni corrected his course and sailed for Greenland without landing on these new shores. Gerald Parshall writes, When Bjarni finally reached Greenland, he reported the flat wooden country he had sited to Erik the Red. (3). Erik was the Norwegian explorer who discovered and colonized Greenland and the father of Leif Erikson. When Leif heard the story of the lands to the west, he bought Bjarnis boat and sailed west to explore this newfound land. As he sailed, Leif explored and named three countries: Helluland (flat stone land), a rocky and barren land, probably Baffin Island, Markland (woodland), a low forested coast, most certainly Labrador or Newfoundland. (Wilford, 4). Leif continued south along the coast perhaps as far as New England and named these lands Vinland (grassland). Many scholars believe that Columbus learned of this discovery as a young sailor on one of his voyages to Iceland on the 1460s. Finally, the late 12th century has yet another explorer claiming the discovery of a new world. In 1170, Prince Madoc of Wales made two trips to North America after the death of his father, the king of North Wales. On his second trip, he returned to the New World with ten shiploads of settlers. The most popular theory is that Madocs colonists intermarried with the Indians and eventually migrated to the Dakotas, they were known as Mandan Indians, Mandan being the corruption of Madagwys, as the followers of Prince Madoc were called (Jackson, 78). President Thomas Jefferson, no less, told Lewis and Clark to keep an eye pealed for those Welsh Indians when he sent the explorers out in 1804. And Meriweather Lewis later reported that he had found the tribe (Parshall, 3). George Catlin, the American artist who lived with the Mandans for part of 1832, was persuaded that they were Madocs people by their fair complexion, blue and gray eyes, language parallels, and similarities in the round wicke r boats favored by both the Mandan and Welsh tribes (Jackson, 78). The story was considered as fact in many American book and also different events and memorials were built on this chronicle. To conclude, the discovery of America can be attributed to many different explorers. It was the combination of explorers and discoveries that resulted in the development of the Americas. Each of these explorers deserves to be celebrated and honored for their accomplishments. Without their combined efforts the American continent may never have become the place it is today. America was never undiscovered or forgotten as some of the Columbus supporters claim. Columbus used his knowledge of the earlier discoveries to continue previous attempts to colonize America. To attribute the whole discovery of the now promised land is not right and accurate historically. As shown above, facts tell us about discoveries of the land made before Columbus. Therefore, the history and the people should recognize all of those who contributed to the eventual creation of the new world.

Saturday, July 20, 2019

Joseph Conrads Background and Heart of Darkness Plot Summary Essay

Joseph Conrad was an author whose life was as equally amazing as the stories he wrote. In many cases, he derived the situations he wrote about from his many experiences as a seaman and adventurer. Born Teodor Jozef Konrad Korzeniowski on December 3, 1857, of a patriotic Polish couple living in the Polish Ukraine, he did not have the average childhood of the time ("Bibliography" 1). When Conrad was five years old, his father was arrested for alleged actions in revolutionary plots against Russia and was exiled to northern Russia with the young Conrad and his mother. Due to her already weak health, his mother did not last the imprisonment and died at the age of thirty-four. His father sent the young Conrad back to his uncle for an education. Orphaned at twelve years old due to his father's untimely death, Conrad entered a state of deep emotional stress ("Conrad, Joseph"). With the break of the strong bond shared by Conrad and his father, his writings as an adult would later convey a melancholic attitude. After receiving a good education in Cracow, Poland, and spending time traveling, Conrad decided to leave Poland. At the age of sixteen, he left the grip of Russian-occupied Poland and set out for Marseilles, France to pursue the unlikely career choice of a life at sea. For the next four years he worked on French ships, smuggled guns to Spain, and was allegedly involved in a duel that wounded him. He continued to work at sea, which became an integral part of most of his works, and in 1878 at the age of twenty-one, Conrad left France for England ("Conrad, Joseph"). When he arrived in England, Conrad knew no English, but signed onto an English ship anyway. On this ship, he began to learn E... ...incensed that he lied to the woman, but did nothing and left her. Finally, the scene returns to the present deck of the Nellie where silence ensues with the end of Marlow's story. The men share no feelings of the emotional story they have just heard and are more or less indifferent. They just sit afloat on the Thames, which seems to flow into the endless "darkness" of the horizon. Works Cited "Bibliography of Joseph Conrad." Heart of Darkness & The Secret Sharer. New York: Harper & Brothers, 1983. Conrad, Joseph. Heart of Darkness & The Secret Sharer. New York: Harper & Brothers, 1910. "Conrad, Joseph." Microsoft Encarta. Microsoft Corporation; Funk & Wagnallis Corporation, 1994. Guerard, Albert J. "Introduction." Heart of Darkness & The Secret Sharer. New York: Penguin Books, 1978.

The Two Best Websites to Find a Used Car :: Sell Websites Buy Websites

The Two Best Websites to Find a Used Car Have you ever been disappointed while searching a used car online? For example, never finding the car that you are interested in, hard to obtain the contact information about the seller, not getting satisfactory information relating to the car that you have found, that leads to total disappointments. After performing some researches for a week and based on my personal experienced, I found out two best websites to find a used car. They are http://www.cars.com/ and http://www.autotrader.com/. At first, these two websites seem to be alike, but if you go through the detail, you can see the strength and the weakness of both websites. These are what I am going to explain further in this paper. Cars.com [2] and Autotrader.com [1] are comprehensive online resources for buying and selling a car. Both of these websites list all potential cars from dealers and private sellers. Cars.com [2], which is created in June 1998, is a division of Classified Ventures, LLC, which is owned by six leading media companies. Autotrader.com [1], which is created earlier in 1997 and headquartered in Atlanta, Ga., is a division of AutoTrader.com, LLC. Autotrader.com [1] is the world’s leading automotive marketplace online, more than 2.5 million cars for sale by dealers, private sellers, and manufacturers. Both Cars.com [2] and Autotrader.com [1] are public websites; this means that these websites are opened to automotive dealers and private sellers throughout the United States. The buyers can search for a car all around the United States by entering their ZIP code. The individual sellers also can post their car on the website despite where ever location they are. Both of these websites provide free information on all aspects of the car shopping and processing procedure. You do not have to be a member to access the website. The website is free for car buyers. However, the sellers have to pay to advertise their cars on the website. Another income for these websites is from the advertisement that was posted in the websites from other car companies. Advertising on these websites helps both the dealers and manufacturers to promote their company as well, because more than 8 millions people averagely visit these websites monthly. The outline of both of these websites seems so simple. At the top headline, both of them have lots of menus, but if we compare between these two, Autotrader.

Friday, July 19, 2019

Modems :: essays research papers

Modems Modems are used to connect two computers over a phone line. Modem is short for Modulator Demodulator. It's a device that converts data from digital computer signals to analog signals that can be sent over a phone line. This is called modulation. The analog signals are then converted back into digital data by the receiving modem. This is called demodulation. A modem is fed digital information, in the form of ones and zeros, from the CPU. The modem then analyzes this information and converts it to analog signals, that can be sent over a phone line. Another modem then receives these signals, converts them back into digital data, and sends the data to the receiving CPU. At connection time, modems send tones to each other to negotiate the fastest mutually supported modulation method that will work over whatever quality line has been established for that call. There are two main differences in the types of modems for PC, internal and external modems. Evolution of Modems In the last 10 years, modem users have gone from data transfer rates of 300bps to 1,200 bps to 2,400 bps to 9,600 bps to 14.4Kbps to 28.8Kbps to, and to 33.6Kbps. Now new modem standards are emerging, reaching speeds of up to 56Kbps. Unlike the 33.6Kbps modems being sold today, 56Kbps is a significant improvement over 28.8Kbps modems. Viewing complex graphics or downloading sound files improves significantly with 56Kbps. The modem experts keep telling us that we are about maxed out. For instance when the 28.8 modems where first introduced they said that we've reached our maximum speed, and the same thing was said about the 33.6 and now again for the 56K, but how true is this? The experts say that the next major improvement will have to come from the telephone companies, when they start laying down fibber-optic cables so we can have integrated services digital network (ISDN) . The thing that makes digital modems better than analog is because with analog modem transmission errors are very frequent which results in your modem freezing or just freaking out. These errors are caused mainly by some kind of noise on the line due to lightning storms, sunspots, and other fascinating electromagnetic phenomena, noise occurs anywhere on the line between your PC and the computer you're communicating with 2,000 miles away. Even if line noise is minimal, most modems will automatically reduce it's speed to avoid introducing data errors. Baud vs bps While taking about modems, the transmission speed is the source of a lot of confusion. The root of the problem is the fact that the terms "baud" and

Thursday, July 18, 2019

Free Speech in Schools Essay

The right to publish material on one’s My Space internet page is a constitutional right contained in the Bill of Rights. The right to free speech is contained within the first Amendment to the US Constitution one of the main Amendments contained in the Bill of Rights. The first Amendment provides as follows: ‘Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Freedom of speech is married to freedom of expression and recognizes the right to publicly express one’s thoughts, ideas and opinions without fear of censorship and/or punishment. The right to free speech however is not all encompassing and does have its restrictions such as obscenity and defamation within the public broadcast arena. An early test for restrictions on free speech was formulated in the case of Schenck v. United States. Although the circumstances of the right to freedom of speech arose during World War 1, the formulated test is applicable in an appropriate case. In the Schenck case, the appellant mailed flyers out to draftees urging that they ‘do not submit to intimidation’. The missive was taken to mean a direct attempt by Schenck to discourage and obstruct recruitment. Sir Oliver Wendall Holmes, in delivering the unanimous decision of the US Supreme Court held that ‘the question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is against this background that freedom of speech in relation to restrictions on a student’s display of drug or gang related material on his or her My Space website. Generally, a restriction of a student’s right to publish material such as the school’s policy against publishing drug or gang related material on his or her My Space website is a violation of their First Amendment free speech rights. However, as will be discussed, private schools have no legal obligation to comply with the First Amendment and are at liberty to implement policies such as the ‘no drug, no gang related’ online publications by the student body. Challenging Free Speech Restrictions/Plan Ordinarily, a challenge to an infringement of constitutional rights can be pursued through the Federal Court system which has jurisdiction over all matters relating to the constitution. For reasons that will be discussed later, this might not be the appropriate avenue to pursue in respect of private schools since they do not come under the Federal Government and are not bound as the Government is in respect of preserving the integrity of the US Constitution. Students wishing to challenge the school’s ‘no drugs, no gang’ publications may pursue a number of alternative courses of action. They can secure the assistance of the media and various Civil Rights groups such as the American Civil Liberties Union. The general idea is to promote the contention that a school as a place for learning and maturity has a duty to teach students to respect the provisions of the US Constitution and any policy within a school system that contravenes a student’s constitutional rights contradicts the school’s duty. However, this can be countered by the school arguing that it has a right to promote a certain image of its moral code and that a student’s publication of what amounts to base principles is inconsistent with the school’s image Certainly students can make a case challenging the school’s hard stance against online publications containing drug and gang-related material. However, whether or not they will be successful is another matter entirely. It is therefore important to examine what constitutes infringement of freedom of speech with a view to identifying which school policies and practices constitute a violation of the First Amendment before pursuing media attention. At the end of the day, a private school has a right to set policies and principles for its students and can enforce them. The question of fairness within the private school system is not a matter for the courts as will be borne out in the following passages. Freedom of Speech in High Schools Whether or not the proposed restrictions on My Space websites constitutes a violation of the student’s right to free speech has already been indirectly determined by the Federal Courts. The US Federal Court system has decided on issues of freedom of speech within the public school system. There have been three cases of significance to the first amendment and its application to public schools. They are Tinker v Des Moines Independent Community School District, Bethel School District No. 403 v. Fraser, and Hazelwood School District v. Kuhlmeier. In Tinker v Des Moines Independent Community School District 393 U. S. 503, 89 S. Ct. 733 (1969) determined the issue of freedom of expression which is closely tied in with the principle of free speech. In this case, students in an expression of disenchantment with the Vietnamese war wore certain armbands to school. When they were asked to remove the armbands and refused to do so they were suspended. They were not permitted to return to school unless and until they removed their armbands. The students refused to subscribe to the demands and as a result were suspended for an indefinite period. In an action brought by some of the students involved, the court of first instance ruled in favor of the school’s authorities. On appeal to the Eight Circuit Court of Appeal the lower court’s ruling was affirmed. The students appealed to the US Supreme Court which held that ‘it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. ’ Moreover, the US Supreme Court added that ‘In our system, state-operated chools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students in school as well as out of school are . persons under our Constitution. They possess fundamental rights which the State must respect, just as they themselves must respect their obligations to the State’. Be that as it may, the US Supreme Court set boundaries which have subsequently been upheld. The US Supreme Court set forth guidelines pertaining to a student’s right to freedom of speech in the following terms:- ‘If he does so without . aterially and substantially interfer[ing] with the requirements of appropriate discipline in the operation of the school and without colliding with the rights of others. . . . [C]onduct by the student, in class or out of it, which for any reason–whether it stems from time, place, or type of behavior– materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional guarantee of freedom of speech. ’ The US Supreme Court therefore held that the conduct of the students involved was proper in all the circumstances. The court would only recognize and indorse restrictions on freedom of speech when the conduct was ‘potentially disruptive†¦ by those participating in it. ’ In Bethel v. Fraser however, the US Supreme Court held that rules and regulations prohibiting the use of obscene language would not prohibit a student’s First Amendment right to free speech. The US Supreme Court ruled that ‘the schools, as instruments of the state, may determine that the essential lessons of civil, mature conduct cannot be conveyed in a school that tolerates lewd, indecent, or offensive speech and conduct such as that indulged in by this confused boy . . . A high school assembly or classroom is no place for a sexually explicit monologue directed towards an unsuspecting audience of teenage students. Accordingly, it was perfectly appropriate for the school to disassociate itself to make the point to the pupils that vulgar speech and lewd conduct is wholly inconsistent with the fundamental values of public school education. ’ In Hazelwood v. Kuhlmeier 484 U. S. 260, 108 S. Ct. 62 (1988) the US Supreme Court ruled that a school was at liberty to edit the content of a student’s speech appearing in a school sponsored publication, to wit; a newspaper. In distinguishing this case from the Tinker decision, the US Supreme Court explained that the Tinker case was decided on the propriety of muting a student in his freedom of expression so to speak. Whereas, in the Hazelwood case, the Court was dealing with a school-sponsored newspaper which presupposes that it is published with the school’s approval. The court explained its position as follows:- ‘[T]he standard articulated in Tinker for determining when a school may punish student expression need not also be the standard for determining when a school may refuse to lend its name and resources to the dissemination of student expression. Instead, we hold that educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns. In making a decision in Poling v. Murphy 872 F. 2d 757 (6th Cir. 1989) the 6th Circuit Court of Appeal reconciled the rationale behind the three US Supreme Court decisions cited above. In this case, Poling, a student at Unicoi County High School in Tennessee delivered a campaign speech in support of his attempt to be elected president of the school’s student council. The speech was given at the school’s assembly at which student attendance was mandatory unless an excused absence was previously obtained. Prior to delivering the speech, Poling was required to submit the speech to faculty members for approval. The faculty members reviewing the speech said that they would approve the speech provided Poling removed a sentence which referred to the school’s ‘iron grip. ’ Poling did not do as advised and in fact he revised the sentence in question in such a way that he added to it making comments in reference to an assistant principal that was described by the principal as ‘inappropriate, disruptive of school discipline, and in bad taste. As a result the school removed Poling from the electorate slate of candidates and he took the matter to court. The court at first instance ruled in favor of the school district and Poling appealed to the 6th Circuit Court of Appeal. The appellate court in referring to ruling in Tinker’s case said that ‘tt is true, to be sure, that students do not . shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,. and . [s]chool officials do not possess absolute authority over their students.. . . It also remains true, however, that the Federal Constitution does not compel . teachers, parents, and elected school officials to surrender control of the American public school system to public school students.. . . . Limitations on speech that would be unconstitutional outside the schoolhouse are not necessarily unconstitutional within it. ’ The 6th Circuit Appeals Court went on to state that had Poling been permitted to make his speech in the manner that he would have liked to it would have given rise to ‘legitimate pedagogical concerns. ecause . [t]he art of stating one’s views without indulging in personalities and without unnecessarily hurting the feelings of others surely has a legitimate place in any high school curriculum. . . ’ The general position here is that although the First Amendment is directly applicable in the public school system, the Federal Court System does permit public schools to restrict free speech among the student body when free speech threatens to undermine disciplinary and educational principles. Therefore private to whom the First Amendment do not apply will have even more leeway in restricting a student’s online publications. A Student’s First Amendment Right to Free Speech and Online Publications Generally speaking a student’s off campus conduct is not a matter for school officials provided it does not fail the Tinker ‘material disruption’ test. The publication must also be able to stand up to the Hazelwood test which will permit censorship if the material appears on a school sponsored website. However, in a private boarding school, students are rarely ‘off campus’ and drawing the line can be difficult. As long as the student is in the care of the school he is subject to the school’s regulations. In American Public School Law by Alexander and Alexander reference is made to the case of Beussink v. Woodland R-IV School district. In this case, Beussink, a student published a personal webpage on his own computer where he referred to the school’s authorities in vulgar terms. The webpage was somehow brought to the attention of the school’s authorities and Beussink was subsequently suspended. He challenged his suspension via the US District Court. It was held that the suspension was unconstitutional and contravened the student’s right to free speech. The presiding judge went on to say that the high school’s authorities failed to demonstrate that the suspension ‘was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint. ’ It has been held that off-campus communications via the internet that constituted a true threat can be disciplined by the school district. However, in order for the ‘true threat’ to come under the school’s jurisdiction it must have a nexus with the school itself. When an off campus communication does not contain a threat but nevertheless has a nexus with the school, whether or not the school can restrict that communication will have to examined in the context of the Tinker decision namely the communication will have to be ‘materially and substantially interferes with the requirements of appropriate discipline in the operation of the school. ’

Wednesday, July 17, 2019

Black & Decker †Eastern Hemisphere and the ADP Initiative (A) Essay

1. What are Lancasters concerns for the future of the east Hemisphere shaping? What problems does he hope to organize with adenosine diphosphate?In 1995 when Bill Lancaster was appointed the chair of B want and Decker Eastern Hemisphere his sign impression roughly the organization was depressing. there were some major concerns cardinal of them is the perplexity style that was fol emited. The current managers were using the care by Objective (MBO) type computer programme which is believed to be outdated system that had been replaced in the US some time ago. on that point were some freehanded managers and some bad management styles. It was obvious to have lack of growth and development. These concerns led him to pick up a dark future. These problems require immediate upkeep and correction to save the organization from its shun impact. adenosine diphosphate means Appraisal emergence Plan. Lancaster wants to use adenosine diphosphate to overcome preceding(prenominal) stated problems and move to the path of development.The expectations of Lancaster from adenosine diphosphate are that it would be able to address the problem of getting the ill certain MBO reviews, as in MBO the managers only see very few aspects of their employees stemma performance. In MBO managers meet with employees on an singular basis exactly it was not procreative as managers would be ill sensible and just make up a list of suggestions. It is expected that new adenosine diphosphate system would solve some if not all the management problems.2. What concerns do Asian managers have active automatic data processing?Asian managers such as Anita Lim who had been with Black & Decker for six-spot years were opposed to the introduction of the U.S meter reading of adenosine diphosphate in the Eastern Hemisphere. Her world-class concern was that Asians readiness not willingly open up the way Americans do. They energy not give critical feedback about their bosses. She als o challenges the confidentiality of the ADP system No matter what a boss says about the feedback being anonymous an Asian might not believe it.Lastly she thinks that a change from MBO to ADP is quite al-Qaida and Asians would not support radical changes of this nature. on that point were some more concerns that came up such as linguistic barrier concerns and ethnical barriers in relation to how Asians compete with distributively other and the relationship they had with their seniors.3. What action should Lancaster educate concerning the ADP initiative in the Eastern Hemisphere Organization?Lancaster has some dispute options in front of him on how to raise notwithstanding. One is to wait, the other is to implement ADP fully and last is to go with Lims recommendation to apply partial ADP model. If he waits to implement ADP he is allowing the Eastern Hemisphere sink further into low productivity and hence low profitability. On the other hand, if Lancaster goes with the new ADP process he faces some ethnic and other above mentioned challenges. So it is certain to go with the hybrid model of ADP which was advised by Lim. By pastime this path Lancaster will be victorious a calculated risk.On one hand he is slowing the retrieval process of Eastern Hemisphere but on the other hand he is taking initiative for the much indispensable recovery. By following Lims recommendation, Lancaster would be more culturally sensitive at the same time kick setoff the Eastern Hemisphere towards the path of recovery. extension1) Appraisal and Development Plan Process. Retrieved from http//www.missouristate.edu/ human/training/ADPTraining.htm 2) Management by Objectives. Retrieved from http//en.wikipedia.org/wiki/Management_by_objectives

Context of Modernism

IntroductionCONTEXT OF MODERNISMModernism is a countersink of cultural or aesthetic adroitness which associates with the scientific and the artistic motion which started in the decennary rough the First ball war and make water dominate among several(prenominal) motion such as cubism, functionalism and surrealism. Sarup, M. ( 1993 ) . barely in computer interior decoratorure, youngity reacts to the dedication of turn toing brand- refreshful expressions after the two World Wars such as mass caparison of handed-down signifiers and the potency for researching new conditions of production such as new stuffs and engineer. Le Corbusier and Mies van der Roche were the cardinal influences of modern computer computer architecture they took several civilizations and tradition to explicate the impression of modern architecture. Curtis, W. J.R. ( 2001 ) . Modernist have the thought that architecture should h sexagenarian a offspring as being functionalistic, positive, techn ocentric, and rationalistic with their building or urban inventionning. Harvey, D. ( 1990 ) paginate 35. In the World War II, Modernism became popular particularly in the drop curtain in State where it took on a new behavior by utilizing divers(prenominal) engineerings such as trade name frame and glass drape walls for produceing skyscrapers and suburban office Parkss and shopping centres which were cost-efficient. Ghirardo, D. ( 1996 ) .CONTEXT OF POSTMODERNISMPostcontemporaneousness is really questionable to point because it has cert ain elements that re later(a)s to modernism. The term originated within creative persons and tyros in the United State in the 1960s and it was distri unlessed in the European and other industrial states in the seventiess. except postmodernististism is an unstable take a crap of motion within an in the lead capitalist civilization that argue the ocular attacks in literary unfavorable judgment of art, movie, modality and architectur e within the political economic societal conditions of the late twentieth century. It besides involves the new relationship betwixt world and nature. Ghirardo, D. ( 1996 ) .Postmodernist impression of attacks to architecture derived from modernism political orientation of architecture, and it even influences approximately postmodern designers, this is because of their cognition from preparation and besides their modern methods of buildings scarce they besides add their new construct to their constructions. Jencks, C. ( 1988 ) . there are third rules that Robert persistent s bind portrays to depict the features of postmodernism, the first feature is contextualism, this describes the single edifice as ever a fragment that represents its environment. The second is allusionism , which emphasise the edifice of its historical and cultural facets, and the tertiary is ornamentalism , and this suggests all the walls of the edifice to hold an architectural significance. ( analyze the work of Robert Stern ) Bertens, H. ( 1995 ) knave 59. Postmodernism has besides emerged the all-important(prenominal) phase whereby it has influenced indisputable postmodern designers like Michael Graves, throng Stirling, Norman Neuerburg and even Philip Johnson s AT & A T edifice ( call figure 1 ) . Jenks emphasise that the Free-Style Classicism determines some features of postmodern architecture which started exactly from the 1980s. ( See the work of Charles Jencks ) Bertens, H. ( 1995 ) page 64.Critic OF POSTMODERNISM ON MODERNIST NOTION OF ARCHITECTUREDavid Harvey argues ab turn out if postmodernism, for illustration, stand for a revolutionary weakenion with modernism, or is it merely a rebellion within modernism against a signifier of juicy modernism. Harvey, D. ( 1990 ) page 42. This message is to oppugn the architecture of the postmodern motion, Harvey so explains by underscoring that postmodernism has widely identify a interruption with the modernist constr uct that planning, planing and emergence should concentrate on the wide-scale, technologically rational and economically urban curriculum which should be strict on thoughts of design with a functionalist perceptual experience of an international manner. Harvey, D. ( 1990 ) .The most powerful critic on postmodernism and modernism is Charles Jenks, he represent architecture from a lingual point of plant as accents in his book The Language of Post-Modern computer architecture . Jenks argues that postmodernism architecture is non a interruption of modernism precisely nevertheless it s seeking to beget the break in of the political orientation of its architecture non by dis state of affairs it still by widening the language to a different degree into a common and commercial but off from tradition. He listed all the old edifices as which had modern features and named them as the ersatz, nevertheless he calls the new edifice as the social pragmatism. Jencks, C. ( 1991 ) page 97. Further more he pinpoints the exact day of the month for the decease of modern architecture as he reference at 332 autopsy, July 15, 1972 when the Pruitt-Igoe lodging undertaking built in 1951 was demolished.Similarly Charles Jenks explores advertise the thought of the modernist thought within postmodernism architecture, he argues that postmodern architecture is double coded , this suggest that postmodernism is an eclectic salmagundi of traditional codifications with modern 1s this shows that modernism is ever one and only(a) of the codifications that signifiers postmodernism so postmodern architecture has evolve from modernism but it must travel beyond modern manner. Therefore postmodernism is to interrupt wholly or hurtle modernist thought of architecture but has extended it into a different impression. Jenks explores Mies van de Roche who is a modern designer, he argues that the usage of steel I- beams for edifices are nasty and uncivilised and has no intent for its users or developers so thence postmodernism has evolve to happen solution of bettering the upon modernism. Bertens, H. ( 1995 ) .The indicant that modernism architecture is rational and severe is because the demarcations and their influence on traditional signifiers and constructs which most postmodern designers see as pass & A eacute , nevertheless when postmodern architect design they contravene to tradition besides when they build their edifices they express it through a modern manner by underscoring on a mixture of different manners. Likewise in the description of postmodern architecture Paolo Portoghesi who besides criticise postmodernism argues that postmodern is any edifice that breaks modern constrains of historical manners with common influences. Kolb, D. ( 1990 ) page 88.The limitation of modern architecture on historical influences is one of the chief challenges of postmodernism. Jean-Francois Lyotard a postmodern critic explains that one features of postmodernism i s the transform nature understanding in scientific and computerised society, this has gave them progress cognition and engineering to get the better ofing and the rational and severe impression of modernism. Sarup, M. ( 1993 ) . In favor of this, Joseph Fredrick who defended against the International Style s and his ain thought of building explains that modernism in architecture has con appearance characters but its onslaught was on its manner, which unavoidably postmodernism has taking over. It is the severity of modernism s traditional signifiers which postmodern took the advantage of scientific cognition to interrupt the historical influences and give freedom for designers to plan their edifice. Larson, M, S. ( 1993 ) . The sectionalization between modern and postmodern is that modern is restricted whereby postmodern has its freedom to plan. Furthermore modernist impression of architecture as rational and severe to traditional limitation has non been negated by postmodern but it has interpreted and interconnected modernist political orientation. However Jencks argue that postmodernism has non rifle a interruption or dropped the thought of modernist architecture but it has evolve from modernism, and has notice the apprehension of the development of its curry so they change the way and extended its features to mollify its epoch. Portoghesi, P. ( 1980 ) . Therefore postmodernism is normally known as the stylistic phenomenon . Ghirardo, D. ( 1996 ) page 8Charles Jenks argues that postmodern edifices in public have made a positive impingement in architecture, since the 19th century technological building has made a huge betterment on edifices and has been overly-accurate as with the handmade assortment, this and other factors have run the chief ground for its interruption from modernism. Likewise he argues that postmodernism has taking radically from the construct of how to knowledge edifice blank where as modernist to see infinite as something to b e shaped for societal intents, they interpret infinite as something independent, to be design harmonizing to originative purposes but non to overreach its traditional influences. An illustration is Le Corbusier s Domino edifices ( see figure 3 ) which started modernist development of infinite, nevertheless postmodernism reacted to this by looking for solutions to specify place alternatively of abstract infinites and to set up the assorted ambiguity of infinites instead than the simple, predictable traditional edifice of modernist architecture. Jenks, C. ( 1990 ) .Le Corbusier s Domino lodging undertakingThere are certain characteristics of modernism which have been developed by postmodernist designers, the spacial thoughts such as superimposed and school simple infinites of Frank Lloyd Wright and Le Corbusier. Postmodernist have developed these facets into a more new sort of equivocal infinite with assorted complex elements. Jenks, C. ( 1988 ) .Charles Jencks points out that postmo dern architecture have two reasonableness into important technological alteration the first is the contemporary communications have broken the strong modernist mesh of the rational and severe infinites based on subprogram and of societal involvement. The 2nd is the progress engineerings for illustration work out machine patterning which has broken away from traditional restraints and permitted the tractableness of planing and building. Jenks, C. ( 1990 ) .Postmodernism has non dropped modernist impression of architecture but it has taking certain elements of it such as infinite and even some traditional facets of edifice and developed it into a more complex manner. However it has set freedom from modernist construct that architecture should be severe and sensible. The progresss scientific engineering has aided postmodernism to germinate from modernism. Jenks, C. ( 1988 ) .Michael Graves as a postmodernism designer.Michael Graves was portion of the late-modern motion before he left the abstract construct attack to the refreshing York Five in 1977 this group consisted of Peter Eisenman, Richard Meier, Michael Graves, and Charles Gwathmey. They put in an progress technique of planing with figural component , and this has influenced postmodern designers. Schulz, N. ( 1990 ) page 7-8. He so left to fall in other designers such as Venturi, Moore, and Stern who were involve with the paradigm for postmodernism in America. Ghirardo, D. ( 1996 ) .Graves has become one of most influential designers in postmodernism, his construct of fragments have become important to postmodernist designers to plan their edifice in a complex and equivocal manner which contradicts the impression of modernism. Graves has besides suitable postmodern incorruptism in architecture such as the Portland Building and the Humana Building ( see figure 4 and 5 ) . Grave has taking the traditional signifiers and manners of classicalism and extended into a postmodern attack by presenting c lassical skyscrapers. Jenks, C. ( 1988 ) .THE PORTLAND PUBLIC SERVICES BuildingThe Portland edifice ( see figure 4 ) was a really important municipal edifice within its epoch, which was begun in 1980 in Portland Oregon, this undertaking provoked modernist designers because it was one of the most sacred edifice in postmodernism. Powell, K. ( 1995 ) . The public edifice is fixed in the center of the country whereby it had to hold a quality of postmodern landmark, but nevertheless his manner out was to convey back figural signifiers to the edifice to portray the public nature of the context and urban and the internal plan . He used the classical manner of administration by spliting the edifice into three parts which is the base, organic structure and the top.THE HUMANA BuildingDecisionBibliographyBauman, Z. , 2004. 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