Tuesday, November 26, 2019

Essay about ENT10001 Lecture 2 WT 2015

Essay about ENT10001 Lecture 2 WT 2015 Essay about ENT10001 Lecture 2 WT 2015 Introduction to Entrepreneurship ENT10001, Winter Term 2015 Lecture 2 Prepared by Susan Jones Agenda Evaluating Entrepreneurial Opportunities – sorting the ideas from the opportunities 2 Prepared by Susan Jones Spot the flaw in this â€Å"story† Priceline Webhouse club Extension of Priceline.com (name your own price for airline tickets) Applied model to groceries Customer specifies price for (say) peanut butter Webhouse negotiates with suppliers, best price for bulk purchase What could go wrong here? Prepared by Susan Jones 3 And the miscalculation in this one Webvan Online grocery, during dot.com boom Backed by $millions in venture capital Order online and have groceries delivered to you Or Dogfood.com Same model but for dog food Seems plausible – why might it not work? 4 Prepared by Susan Jones What is the difference between an idea and an opportunity? 5 Prepared by Susan Jones Idea A thought or collection of thoughts that generate in the mind. An idea is usually generated with intent, but can also be created unintentionally. Ideas often form during brainstorming sessions or through discussions. Business Dictionary.com 6 Prepared by Susan Jones Opportunity Exploitable set of circumstances with uncertain outcome requiring commitment of resources and involving exposure to risk. Business Dictionary.com 7 Prepared by Susan Jones Two main sources of opportunity Change Problems 8 Prepared by Susan Jones What is an Opportunity? = Business Concept/Model + Window of Opportunity Timmons, New Venture Creation Prepared by Susan Jones 4 elements of an Opportunity 1. It solves a significant problem or need 2. It creates significant value for the customer 3. It can be commercialised because the market has the right characteristics 4. It is a good fit for the business owner Timmons 10 Prepared by Susan Jones Characteristics of an Opportunity Prepared by Susan Jones Why evaluate? Reasons for business failures: – Lack of capital – Lack of professional advice – Lack of planning Risk – Time – $ Each screen (test) you do leads to a higher probability of success Prepared by Susan Jones Detailed evaluation: Purpose To gain a clear idea of the opportunity through research To validate your assumptions about the opportunity To shape the opportunity to be more profitable To uncover potential pitfalls To decide whether the opportunity is worth the risk? Will you implement? Prepared by Susan Jones Assumptions What assumptions have you made in building your business case Assess the consequences of incorrect assumptions How severe would the impact be How will you overcome these Make sure you declare the assumptions How can you test your assumptions – VALIDATION! Prepared by Susan Jones Marketing & Opportunity Evaluation A good entrepreneur starts with the market Market research is the cornerstone of opp eval & biz development Lean startup relies on feedback from customers 15 Prepared by Susan Jones Types of research Secondary – Published (secondhand) sources Primary – First hand information 16 Prepared by Susan Jones Talking to people- primary research Industry associations, local chambers of commerce, government departments people working in the industry, business owners who have similar businesses Potential customers – chat, survey 17 Prepared by Susan Jones Secondary research Online – – – – Australian Bureau of Statistics: www.abs.gov.au Factiva IBISworld Online forums related to your industry Industry associations online databases with

Friday, November 22, 2019

Republic of the Congo vs. Democratic Republic of the Congo (Zaire)

Republic of the Congo vs. Democratic Republic of the Congo (Zaire) On May 17, 1997, the African country of Zaire became known as the Democratic Republic of the Congo. In 1971 the country and even the huge Congo River were renamed Zaire by former President Sese Seko Mobutu. In 1997 General Laurent Kabila took control of Zaire country and returned it to the name the Democratic Republic of the Congo, which it held prior to 1971. A new flag of the Democratic Republic of the Congo was also introduced to the world. The Democratic Republic of the Congo, the setting for Joseph Conrads Heart of Darkness, was called Africas most unstable country in 1993. Their economic problems and government corruption required intervention from Western nations over the past few decades. The country is about half Catholic and has 250 different ethnic groups within its borders. There is inherent geographical confusion in this change due to the fact that the Democratic Republic of the Congos western neighbor is known as the Republic of the Congo, a name which it has held since 1991. The Republic of the Congo Vs. The Democratic Republic of the Congo Major differences exist between the two equatorial Congo neighbors. The Democratic Republic of the Congo is much larger in both population and area. The population of the Democratic Republic of the Congo is about 69 million, but the Republic of the Congo has a mere 4 million. The area of the Democratic Republic of the Congo is over 905,000 square miles (2.3 million square kilometers) but the Republic of the Congo has 132,000 square miles (342,000 square kilometers). The Democratic Republic of the Congo holds 65 percent  of the worlds cobalt reserves and both countries rely on oil, sugar, and other natural resources. The official language of both Congos is French. These two timelines of Congolese history might help sort out the history of their names: The Democratic Republic of the Congo (formerly Zaire) 1877 - Henry Stanley explores the region for Belgium1908 - Becomes Belgian CongoJune 30, 1960 - Independence for the Republic of the Congo1964 - Becomes Peoples Republic of the Congo1966 - Mobutu takes control and the country becomes the Democratic Republic of the CongoOctober 27, 1971 - Becomes Republic of Zaire1996 - Mobutu is in Europe with prostate cancer so rebels, led by General Laurent Kabila attacked the Zairian armyMarch 1997 - Mobutu returns from EuropeMay 17, 1997 - Kabila and his troops take the capital, Kinshasa and Mobutu go into exile. Zaire becomes the Democratic Republic of the Congo. There is worldwide confusion about the changeSeptember 7, 1997 - Mobutu died in Morocco Republic of the Congo 1885 - Becomes the French territory Middle Congo1910 - The territory of French Equatorial Africa is created, Middle Congo is a district1960 - Independence for the Republic of the Congo1970 - Becomes the Peoples Republic of the Congo1991 - Name returns to the Republic of the Congo

Thursday, November 21, 2019

Blakes Songs of Innocence and Songs of Experience with Walt Whitmans Essay

Blakes Songs of Innocence and Songs of Experience with Walt Whitmans Leaves of Grass - Essay Example In order to draw the relation of contrast and comparison between Blake’s Songs of Innocence and Experience and Whitman’s Leaves of Grass, it is quintessential to learn that both William Blake in his â€Å"Songs of Innocence and Experience† and Walt Whitman’s â€Å"Leaves of Grass† serve as a critique of their respective societies during the contemporary frame of time. However, Blake’s approach towards societal institutions was very much different from that of Whitman and upon this paradigm the discourse of contrast can be woven effectively for both the works. For example, if Blake’s view upon religion verses man and Whitman’s propositions upon the same area are taken into consideration, one can draw the effective conclusion that Whitman believed that existence of God is in everything and therefore God is equal to all the existing features around. To explicate this, he writes in the poem ‘Song of Myself’, â€Å"I he ar and behold God in every object, yet I understand God not in the least, Nor do I understand who there can be more wonderful than myself†. For Blake, the concept of God revolves round the unification of man with God which is more for the purpose of redeeming mankind rather than seeking the existence of God unlike Whitman, Blake had an exclusive Christian vision pertaining to the unification of God with human soul and pondered much upon the hypocrisy of religion in the Songs of Innocence and Songs of Experience.... ion verses man and Whitman’s propositions upon the same area are taken into consideration, one can draw the effective conclusion that Whitman believed that existence of God is in everything and therefore God is equal to all the existing features around. To explicate this, he writes in the poem ‘Song of Myself’, â€Å"I hear and behold God in every object, yet I understand God not in the least, Nor do I understand who there can be more wonderful than myself† (Whitman 72). For Blake, the concept of God revolves round the unification of man with God which is more for the purpose of redeeming mankind rather than seeking the existence of God unlike Whitman, Blake had an exclusive Christian vision pertaining to the unification of God with human soul and pondered much upon the hypocrisy of religion in the Songs of Innocence and Songs of Experience. In poems such as â€Å"Holy Thursday† and â€Å"The Little Vagabond†, Blake criticizes the religion as an institution by vehemently attacking the spiritual leaders who have used wrongly or more precisely abused their religious authority. The men who should guide their followers as shepherds take care of their flocks, in the eyes of Blake are actually practicing and making space for the reinforcement of a socio-economic and socio-political system that are dehumanizing small innocent children into chimney sweepers and follow a repressing action in order to curb and curtail the human emotions of love and creativity among adults. In ‘Holy Thursday’, Blake writes, â€Å"Is this a holy thing to see,   In a rich and fruitful land,   Babes reduced to misery,   Fed with cold and usurous hand?   Is that trembling cry a song?   Can it be a song of joy?   And so many children poor?  (Gillham 18) With regard to the societal criticism

Tuesday, November 19, 2019

On Passion and Self-Growth Essay Example | Topics and Well Written Essays - 750 words

On Passion and Self-Growth - Essay Example The American novelist, literary-critic, and story-teller Elizabeth Hardwick highlights that "The greatest gift is a passion for reading. It is cheap, it consoles, it distracts, it excites, it gives you knowledge of the world and experience of a wide kind. It is a moral illumination." I strongly believe in her statement as my journey in life has been filled with notable experiences derived from reading various books. Before my passion for reading is developed, I must admit that I was first obsessed in the stories my mom untiringly tells me before retiring to bed. Then, the exciting part of deciphering the meaning of the simple words on my earliest books came. Before I know it, I have become a voracious reader whose interests range from culture, sociology, and literature. Reading has sparked my curiosity and invites me to seek the mysteries of life. My passion for reading has hugely enhanced my intellect. Whenever I open a book, I often see myself unlocking a treasure box which will brings me into other places, provides me a glimpse of other culture, and conveys me a wealth of knowledge. It is amazing to know that every book shares its unique story. No matter how simple, each book offers and adds new ideas. Reading has enriched my intellect by bringing me to the world of Shakespeare, Milton, Julius Cesar and even as far as Aristotle's and Homer's. Reading introduced me to the radical ideas of Karl Marx, the different worlds explored by Gulliver, and the persistence of Helen Keller. Books broaden my horizons by adding new words to my vocabulary, polishing my grammar, and enabling me to find ways to communicate my ideas. My passion for reading enlightens me with knowledge and ushers me from the darkness of ignorance. Reading a book the second or third time does not diminish the knowledge that it offers. Being a passionate reader, I have discovered that it is not the writer which conveys and creates meaning in his or her compositions but in fact, the reader constructs his own comprehension on the material being strongly influenced by his background and experiences. Thus, I never really get tired of reading a single book over and over again as the knowledge it imparts vary each time. Aside from shaping me intellectually, reading also further my emotional development. As a thinking and feeling being, a story moves me and fills me with different kinds of emotion. I believe that the most important thing that my passion for reading brought me is the capability to understand the emotions of other people. Reading often requires empathy and putting one's self in the character's shoes. With this, I have developed the ability to accept, understand, and share the joys and sorrows of the people around me. I credit to my passion to reading the rapport I maintain with my social circles. I can say that my passion for reading is the largest contributor to my personal development. Books enrich and stimulate my mind while keeping me in touch with my emotional side. Reading has taught me the greatest lessons in life. I must stress that Denis Diderot identifies only great passions which can elevate the soul to great things. Considering all the things that my passion for reading accomplished in me, then, I can say that it must be the greatest passion a human can be blessed

Saturday, November 16, 2019

Explain the 5 sources of leader power Essay Example for Free

Explain the 5 sources of leader power Essay If the manufacturing company engages in sales or after-sales industries it pursues forward integration strategy. This strategy is implemented when the company wants to achieve higher economies of scale and larger market share. Forward integration strategy became very popular with increasing internet appearance. Many manufacturing companies have built their online stores and started selling their products directly to consumers, bypassing retailers. Forward integration strategy is effective when: Few quality distributors are available in the industry. Distributors or retailers have high profit margins. Distributors are very expensive, unreliable or unable to meet firm’s distribution needs. The industry is expected to grow significantly. There are benefits of stable production and distribution. The company has enough resources and capabilities to manage the new business. When the same manufacturing company starts making intermediate goods for itself or takes over its previous suppliers, it pursues backward integration strategy. Firms implement backward integration strategy in order to secure stable input of resources and become more efficient. Backward integration strategy is most beneficial when: Firm’s current suppliers are unreliable, expensive or cannot supply the required inputs. There are only few small suppliers but many competitors in the industry. The industry is expanding rapidly. The prices of inputs are unstable. Suppliers earn high profit margins. A company has necessary resources and capabilities to manage the new business. Advantages Advantages of VI: Lower costs due to eliminated market transaction costs Improved quality of supplies Critical resources can be acquired through VI Improved coordination in supply chain Greater market share Secured distribution channels Facilitates investment in specialized assets (site, physical-assets and human-assets) New competencies Disadvantages Disadvantages of VI: Higher costs if the company is incapable to manage new activities efficiently The ownership of supply and distribution channels may lead to lower quality products and reduced efficiency because of the lack of competition Increased bureaucracy and higher investments leads to reduced flexibility Higher potential for legal repercussion due to size (An organization may become a monopoly) New competencies may clash with old ones and lead to competitive disadvantage Alternatives to VI VI may not always be the best choice for an organization due to a lack of sufficient resources that are needed to venture into a new industry. Sometimes the alternatives to VI offer more benefits. The available choices differ in the amount of investments required and the integration level. For example, short-term contracts require little integration and much less investments than joint ventures.

Thursday, November 14, 2019

Mildred Pierce and the Domestic Role of Women in the 1930s Essay

Mildred Pierce and the Domestic Role of Women in the 1930's Women’s place in society during the 1930’s was very different compared to the role that women have in today’s society. Fortunately, these days women are free to decide what type of jobs to have when to marry and when to have children. Unfortunately during the thirties women did not have these choices. According to Mary Kinnear in her book Daughter of Time, â€Å"In the United States the proportion of women workers engaged in professional work increased only from 11.9 percent to 14.2 percent between 1920 and 1940.† During this time, the role of housewives meant that they were responsible for most of the household duties and taking care of the children. Ann Oakley said in her book Woman’s Work, â€Å"In the social image of a woman, the roles of wife and mother are not distinct from the role of housewife.† This was the role that the character Mildred Pierce played in the Mildred Pierce novel until she discovered that she could do better than being a housewife. Her talent in the kitchen became the asset to her success. When Mildred discovered that she was good in the kitchen, and specially at baking pies and cakes she took this as the first opportunity to sell her cakes to her friends. The cakes that Mildred baked were not the ordinary cakes that sold on the marketplace. Her cakes had the extra touch that made people admire them. They were so beautiful and delicious that the orders increased as well as her confidence. She knew that baking cakes could lead her to have a better future as a businesswoman. Her second opportunity came while working in a restaurant where she knew that this could be a great place to get to be known for her talent in baking delic... ...her book Images of Women in American Popular Culture, â€Å"Many analysts agree that woman’s place was in the home, having and raising children and not in the paid labor force.† However, Mildred’s abilities to grow as a cook not only allowed her to succeed in opening her first restaurant, and eventually turning it into a profitable chain of restaurants, but it also made her unique from women of this era. Works Cited Cain, James M. Mildred Pierce. New York: Random House, 1941. Deckard, Barbara S. The Women’s Movement. New York: Harper and row, 1975. Dorenkamp Angela G. Images of Women in American Popular Culture. San Diego: Harcourt Brace Jovanovich, 1985. Kinnear, Mary. Daughters of Time. Michigan: The University of Michigan, 1982. Oakley, Ann. Woman’s Work. New York: Random House, 1974. www.otal.umd.edu/~vg/images/woman_in_kitchen_c.1937.jpg

Tuesday, November 12, 2019

Lewis Thomas Essay

Biologist Lewis Thomas argues that mistakes should be thought of as a blessing rather than a misfortune, because they pave the way for new discoveries and understandings. As can be seen with past events and happenings, this claim proves to be valid as mistakes are necessary for progress. Various scientific advancements throughout history have been errors turned into findings. Such an example can be seen in medical discoveries. Penicillin, founded in 1928 by accident, was at first thought to be useless, but after countless experimentation it was finally used as medicine and a Nobel Prize was received for it. Other substances that were discovered by coincidence include Viagra and a small pox vaccine. Viagra was originally a cardiovascular drug but during the testing phase it wasn’t effective in treating heart ailments. Scientist continued to study the unexpected side effects which were an effective treatment for erectile dysfunction. Small pox vaccination was encountered through the injection of cow pox into an eight year old boy which resulted in a counteraction of small pox. These are merely a few of that many scientific findings that at first were thought to be mistakes. The nutrition industry of The United States of America would be incomplete without the numerous, spontaneous, discoveries over time. A man in San Francisco accidently left his juice outside in the winter and it froze. He ate the frozen juice and came up with popsicles. America’s favorite chocolate chip cookies were also a mistake. When the Toll House Inn’s Ruth Wakefield ran out of baking chocolate one day in 1930, she smashed up a bar of semi-sweet chocolate and added the pieces to her dough. Upon their removal from the oven, the cookies weren’t uniformly infused with melted chocolate, but rather studded with little chunks throughout. The signature sweet put her Whitman, Massachusetts inn on the culinary map. These accidental discoveries are what made the food industry what it is today. To be successful you have to be willing to do whatever it takes to gain that success. Even though people seem to believe that when you’re trying to be  successful mistakes should be avoided. However, that is not the case because through mistakes you are able to realize what you did wrong and correct it to what you’re supposed to do to be successful.

Saturday, November 9, 2019

A critical study on the contributions of sir henry maine

Whereas Savings and his followers invoke history in the name of tradition, custom and nation against the belief n conscious and rational law making, the second movement, which one might call philosophical histories, develops a definite legal philosophy from the evolution of history. L The exponents of the historical school of Jurisprudence take social institution in their sequence with primacy to primitive legal institutions of society. Thus the school does not attach importance to relation of law to the state but gives primacy to the social institutions in which the law develops itself.While the analytical school pre-supposes the existence of a well developed legal system, the historical school concentrates on the evolution of law from the primitive legal institutions of the ancient communities. The task of Historical school is to deal with the general principles governing the origin and development of law and with the influences that affect the law. The 19th century analytical posi tivism pioneered by Austin, Hart and Keelson in England described law as a coercive command issued by the sovereign devoid of moral or cultural values.They regards law as a creation of arbitrary creation whose sanctions are not embedded in its historical past but emanate from the state authority. It treats law as a command of the state which the subjects are bound to obey, the disobedience of which would lead to penal consequences. The revolutionary ideas generated by positivistic legal thinking had a 1 Legal theory by W. Friedman, fifth edition, page no. 209, universal law publishing Co. Ltd. , New Delhi devastating effect as they failed to meet the needs of the people.Consequently, it led to the emergence of new approach to the study of Jurisprudence based on history and historic conception of law. Historical Jurists banished ethical considerations from resurgence and rejected all creative participation of Judge and Jurist or law-giver in the making of law. They propounded the vie w that all universal ideal principles of by historical study. Frederick Pollock, one of the ardent supporters of historical school firmly believed that morals, as such were out of the domain of Judge or Jurist. It is, however, a different matter that even customs immemorial should not be opposed to morality.Vic in ItalyÃ'› Nonentities in France, Burke in England and Hugo and Herder in Germany heralded a new era in the development of legal theory and viewed law as legacy of the past and product of customs, traditions and beliefs prevalent in different communities. The historical Jurists believe that law has biological growth and it has not evolved in an arbitrary and erratic manner. According to Sir Henry Maine, Nonentities (1689-1755) was the first Jurist who adopted historical method of pursuing the study of legal institutions and came to the conclusion that â€Å"laws are the creation of climate and local situations†.He did not probe further into the relationship between law and society but pointed out that law must keep pace with the changing needs of the society. Four Stages of Development of Law The supporters of historical school of Jurisprudence have traced the evolution and development of law through four major stages. They are as follows:l . Divine Law- In the beginning law originated from Themes, which meant the Goddess of Justice. It was generally believed that while pronouncing the Judgments the King was acting under the divine inspiration of goddess of Justice.Themes were the awards pronounced by the Goddess of Justice (Themes) to be executed by the King as a custodian of Justice under the divine inspiration. Thus the King was merely the executor of Judgment of God. The dooms of Anglo-Saxons pertain to this category of segments or commands. 2. Customary Law- Next, the recurring application of Judgments led to uniform, practice which crystallized into customary law to be followed in the primitive societies. The importance of customs as a s ource of law has been underlined by Sir Henry Maine when he observed that ‘custom is to society what law is to state'. . Priestly class as a sole representative of customary law In the next stage of development of law, the authority of the King to enforce and execute law was usurped by the priestly class who claimed themselves to be learned in law as well as religion. The priestly class memorized the rule of customary law cause the art of writing had not developed till then. They applied and enforced the customary law. 4. Codification – The era of codification marks the fourth and perhaps the last stage of development of law.With the discovery of the art of writing, a class of learned men and Jurists came forward to denounce the authority of priests as law- givers. They advocated codification of law to make it accessible and easily knowable. This broke the monopoly of priestly class in matters of administration of law. The ancient Hindu code of Mann, Hebrew Code, Solon' s Attic Code, Twelve Tables in Rome, the codes of Hamburg etc. Re some of the examples of such law codes. Anthropological investigations into the nature of primitive and undeveloped systems of law are of modern origin and might be regarded as a product of the Historical school.Pride of place will here be accorded to Sir Henry Maine (1822-1888), who was the first and still remains the greatest representative of the Historical movement in England. It is not easy to place Amine's contributions to the theory of law. He began his work with mass of material already published on the history and development of Roman law by the German historical school, and he was able to build upon that and also to bring to bear a more balanced view of history than is found in Savings. Maine however went further. He was learned in English, Roman, and Hindu laws and also had the knowledge of Celtic systems.In this respect he parts company with the German historians. Instead of stressing the uniqueness of nat ional institutions, he brought to bear a scientific urge to unify, classify and generalize the evolution of different legal orders. 2 Comparative method of study for the purpose of a project on law was found useful by the scholars of Historical school. The scope for comparative approach to study of law as immensely widened with the advances in legal literacy and exchange of legal knowledge between various countries.To quote an illustration, the 42nd report (1971) of the Law Commission of India on the reforms in the Indian Penal Code drew heavily on the comparative material from several continental countries such as US criminal law and other sources. The material available for comparative study of law may vary in form and include Code, law books, reports of law reform agencies and so son. The jurists made a comparative study of legal institutions of various communities to trace the evolution and development of law. They applied comparative method in the study of law with the object o f enabling the legal philosophers to construct 2 Jurisprudence by R.W. S. Aids, fourth edition, page no. 532,533;Buttonholer & Co. , publishers Ltd. 1976 abstract theories of law or to assist the historian in tracing the origins and developments of legal concepts and institutions. The distinguishing feature of this comparison was that it did not consist of mere description of differences which existed between the concepts, rules, or institutions of the law under examination, but also probed more deeply into the matter with a definite purpose in view. This helped considerably in unification of divergent laws.Thus the supporters of comparative method of law did not believe in mere compilation of information about concepts, rules, etc. But they also tried to analyses the variations in the existing laws within and outside the country in order to reform their legal system. Sir Henry Maine is considered to be the fore-runner of this approach of law. 3 It is Sir Henry Amine's work which st ands out as the most important and fruitful application of comparative legal research to a legal theory inspired by the principles of historical evolution. Approaches to the study of law, and history in particular, which was destined to bear abundant fruit in the years to come. 5 Studies on Jurisprudence and legal theory, by Dry. N. V. Appearance; page no. 39, fifth edition, central law agency publication Legal theory by W. Friedman, fifth edition, page no. 214, Universal law publishing Co. , Ltd. New Delhi 5 Jurisprudence by R. W. S. Aids, fourth edition, page no. 533 SIR HENRY MAINE (1822-1888) Sir Henry James Sumner Maine born on August 15, 1822 at Roxbury in Scotland, took his education in the University of Cambridge and Joined as professor of Civil Law in that University in 1847.While professor of law at the University of Cambridge (1847-1854), Maine also began lecturing on Roman law at the Inns of Court, London. These lectures became the basis of his â€Å"Ancient law: It's c onnection with the Early History of Society, and it's relation to Modern Ideas (1861)†, which influenced both political theory and Anthropology, the latter primarily because of Amine's controversial views on Primitive law. To trace and define his concepts, he drew on Roman law, Western and Eastern European legal systems, Indian law, and Primitive law.Although some of his statements were modified for invalidated later research- Ancient law is noted for its general lack of reference to authorities and its failure to cite supporting evidence for its conclusions- his study helped to place comparative jurisprudence on a sound historical footing. A member of the Council of the Governor General of India (1863-1869), as a successor of Lord Macaulay, Maine was largely responsible for the codification of Indian law. He studied ancient law of India and drew a comparison between the Indian law and the laws of western societies.In 1869 he became the first professor of Comparative Jurisprud ence in the University of Oxford and he occupied the chair till 1877. Thereafter, he held the distinguished post of the Master of Trinity Hall, Cambridge until shortly before his death in 1888. Among other works of Maine, his books entitled Village Communities', lectures on the ‘Early history of Institutions' (1875), a sequel to his ancient Law, ‘Dissertation on Early Law and Custom' deserve special mention. Maine was the recipient of remarkable number of honors, medals and distinction. His contributions to historical jurisprudence are so great that he is labeled as ‘Social Darwinist' for he envisaged a social order wherein the individual is finally liberated from the feudalistic primitive Onondaga. Amine's Views on Development of Law One peculiar feature of historical method in the context of study of law is that it is not confined to pure law. Even though the material directly under study may be legal, the factual material that comes to light may transcend the ex clusive legal field. It is so, because social and legal factors cannot always be reduced to water tight compartments.Any appraisal of the precise reason for a particular law necessitates special attention to the effect of relevant social, physical, demographic and ideological variables. This view finds supports in the writings of Sir Henry Maine who lived that historical research served as a useful tool to make the present more understandable. Sir Henry Maine, through his comparative researches came to a conclusion that the development of law and other social institutions has been more or less an identical pattern in almost all the ancient societies belonging to Hindu, Roman, Anglo-Saxon, Hebrew and Germanic communities.Most of these communities are founded on patriarchal pattern wherein the eldest male parent called Pater familial dominated the entire family including all its male and female members, children and slaves as also the property. The word of the Pater familial was law t o them, which they were supposed to follow. There were, however, some communities which followed matriarchal pattern in which the eldest female of the family was the central authority to manage all the affairs of the family.It is because of his kinship, namely bold relationship with the family that a person acquired status. Thus the law of person was to be determined on the basis of his status. In ancient societies, the slave, servant, ward, wife, citizen etc. All symbolized statuses which the law recognized in the interest of the community. According to Maine, Pater-familiar constituted the lowest unit of primitive communities. A few families taken together formed the Family-Group which consisted of union of families.An aggregation of families constituted Gene which in turn led to the formation of tribes. A collection of tribes formed the community which Maine termed as commonwealth. It was in this manner that the early primitive societies evolved, their relation being regulated by the law of status which was also called as law of persons. Obviously, the individual member of the family had no individual existence than his status as a son, wife, servant etc. s the case may be. Similarly, servants and slaves had no rights in the early law.LaWs Development through Legal Equity and According to Henry Maine, when a primitive law is embodied in a Code, there is an end o its spontaneous development and such communities are static societies. Therefore, if certain changes are desired in the law, they have to be effected deliberately with the conscious desire of development. The societies which continue development of law in this manner are called progressive societies by Maine. There are three methods by which the progressive societies develop their laws. They are (1) Legal Fictions, (2) equity, and (3) Legislation. 1 .Legal Fictions – Legal Fictions change the law according to the changing needs of the society without, however, making change in the letter of l aw, Maine defines ‘legal fiction' as â€Å"any assumption conceals or effects to conceal the fact that a rule of law has undergone alteration, its letter remaining unchanged, its operation being modified†. According to Sir Henry Maine, fiction is a device to extend new rules to old situations, to new circumstances with a minimum of intellectual effect. In his opinion, a legal fiction is a very useful agency of development of law to suit intricate and nutty situations.A legal fiction pre-supposes certain assumptions made on the basis of which the law assumes certain things to exist which do not exist in reality and thus adopts itself to new circumstances. 2. Equity – Equity consists of those principles which appeal to the conscience of human being. These principles were invoked to remove the defects existing in the common law in England. The rigidity of common laws Judges forced people to approach the King for Justice. The King entrusted the task of administration of Justice to the Chancellor who was also the head of the Exchequer.Though not learned in law, the Chancellor helped in the administration of civil Justice through principles of justice, equity and good conscience. In Rome, similar functions were performed by Praetor who tried to remedy the deficiencies in the existing civil law. Thus Henry Maine defines Equity as, â€Å"a body of rules existing side by side of the original common law, founded on distinct principles and claiming incidentally to supersede the common law by virtue of a superior sanctity inherent in those principles†.In course of time, equity became a system of law which reached maturity and impoliteness and finally the Judicature Act, 1873 amalgamated the common law courts and the chancery courts (I. E. Equity courts) in the High Court of Justice and it was provided that in case of conflict or variance between the law of equity and the common law, the rules of equity were to prevail. The property legislation o f 1925 in England cause Equity to go a second transformation as it brought about a complete fusion of the systems of common law and equity into one integrated system of law.The origin of Equity law can be traced back to the 13th century when traditional hat time suffered from three main defects, namely, (1) absence of remedy in certain cases; (2) inadequacy of remedy; and (3) excessive formalism. These defects were sought to be removed by three Jurisdiction by equity law namely, (1) Exclusive Jurisdiction, (2) Concurrent Jurisdiction, and (3) Auxiliary Jurisdiction of equity. The origin of the concept of trust, appointment of receiver to administer property of the deceased etc. Ell under exclusive Jurisdiction which provided relief to divorced women and protected the rights of inheritance of the children of the deceased person for which there was no remedy available under the common law. The remedies of the specific performance of contract, injunction etc. Came under the concurrent Jurisdiction of equity law which provided relief in matters where, a relief though available under common law, was inadequate. The examination of witnesses on commission set off (I. E. Settling different claims of same parties to litigation in a single suit) etc. Re some of the instances of auxiliary jurisdiction of equity which sought to mitigate the rigors and rigidity of common law due to complexity of procedure. Thus it is evidently clear that equity came to supplement the common law and not to supersede it. 3. Legislation – Legislation is the most effective method of law-making. It is considered to be the most systematic and direct method of introducing reforms through new laws. The power of the legislature to make laws has been widely accepted by the courts and the people all over the world.Legislation is the most powerful instrument of legal reform, and so great is its superiority over other methods of evolution of law that the tendency of 1 1 advancing civilization is to acknowledge its exclusive claim, and to discard the other sources as relics of infancy of law. 7 Movement of Progressive Societies from Status to Contract With the march of time the institution of Pater-families withered away and now rights and obligations were dependent on individual contracts and free negotiations between persons.This led to disintegration of the family system and emergence of contractual relation between individuals. In other words, now the individual could take final decisions himself without depending on the head man of the family. The Banishment doctrine of Individual freedom freed slaves from the bondage of their master and now they could have rights and obligations like any other person. Thus emerged a free society with freedom of individual in various spheres of life.The freedom of individual in economic field has been called as doctrine of laissez fairer which struck a blow to the notion of status as the basis of law. These changes in the pattern of so cieties led Sir Henry Maine to conclude that ‘movement of progressive societies has hitherto been from status to contract'. In India also emancipation of women from the domination f males, freedom available to individuals in social, economic, and political spheres of life, improvement on the condition of labor and workers etc. Evinces that there has been a shift of emphasis from status to contract in modern times.The transformation of English as well as Indian society from feudalistic pattern of individualistic set up, has brought in its wake a radical change in the status of servants, agricultural workers etc. The incapacitates of Hindus in codification of Hindu personal laws in 1955-56. 8 Reversal of Trend from contract to status It must, however, be stated that with the advance of time and due the impact of industrialization, arbitration and modernization, new problems of poverty, unemployment, hunger, ignorance, disease etc. , have cropped 7 Studies in Jurisprudence and le gal theory by Dry. N. V. Appearance, page no. 0 to 44, fifth edition, central law agency publication In modified Hindu law Kart of the family who was the eldest male member of the family, dominated his authority but the codification of Hindu law has done away with the discrimination, inequality and subjugation of women liberating them from the domination of men. The new concepts of liberty, equality, freedom and individualism symbolize movement of progressive Indian society from status to contact. Up giving rise to inequality between individuals and group within society. Consequently, there came a counter current of reversal from contract to status in the life time of Maine himself.It was realized that the idea of freedom of contract between powerful capitalist and starving labor class led to catastrophic consequences resulting in exploitation of workers. This led to the emergence of Trade Unionism. The workers now formed their associations and instead of individual freedom of barga ining their wages and facilities, their Trade Unions had the power of group bargaining. That apart, several labor welfare legislation such as the Minimum Wages Act, Factories Act, Trade Unions Act, Workmen's Compensation Act, Employees Liability Act, Industrial Disputes Act, Payment of Bonus Act, Bonded Labor (abolition)Act, Contract Labor (Regulation) Act, etc. Have been enacted to improve the service conditions and bargaining capacity of workers in order to free them from the unscrupulous industrialists and capitalists. With the increasing role of the state in a welfare state, it has assumed the functions of a regulator to secure a social order based on Justice, equality, liberty and fraternity. These progressive welfare measures have forced upon the individual worker a new kind of status where he does not bargain individually but does so collectively through associations or unions.Commenting on this reversal from interact to status, the Chief Justice of the Bombay High Court in P arka's cotton mill Ltd. V. State of Bombay, interracial remarked: â€Å"We must not forget that we are no longer living in the age of laissez fairer and the relation between employer and employees are no longer solely governed by the principles of contract. Contractual rights and liabilities are now subject to the principles of industrial law and also principles of social Justice. † With the changing role of the states, its functions have also radically changed. Now there is greater interference of the state in the individual's activities. Even the

Thursday, November 7, 2019

Uneasy vs. Uneased

Uneasy vs. Uneased Uneasy vs. Uneased Uneasy vs. Uneased By Maeve Maddox I read the following quotation in a newspaper account of a local city council meeting: Im uneased by the fact that we have land in the city [that is not zoned]. Surely, the councilman meant to say that he was uneasy about the fact! At once I began a Web search and discovered that this strange use of uneased is not- so far- in the millions, but its out there in the thousands: I am uneased by heights, but I love zip-lining for some reason. I am personally uneased by even letting my kid walk to the front door by himself. They were uneased by your appearance and took a few days before getting used to seeing you about town. Its not always clear what uneased in the expression uneased by is intended to convey. Sometimes, as in the councilmans quotation, it seems to be used where uneasy would be idiomatic, but sometimes it seems to mean uncomfortable, in pain, or frightened. In the following paragraph on a professional medical site, any of the four could be intended: A mammogram should never be painful. This common conception is the reason many women put off scheduling their annual mammograms. If you ever are uneased, inform your mammography technologist so that they may alleviate your discomfort. Note: This illustrative quotation contains other writing errors, but for now, let’s just consider uneased. The word ease can be either a noun or a verb. For example: Miss Hannigan desired a life of ease. (noun) We admire aid workers who ease the suffering of refugees. (verb) The verb ease (ease, eased, has eased) has acquired numerous meanings since its earliest OED citation: to give ease to (1340) to relieve or lighten a burden (1374) to give ease of mind (1385) to relieve the bowels (1440) to relax (1863) to make to fit (1891) to break in gently (1892) The following examples (all in past tense) illustrate these meanings: Joplin home eased orphans plight Following advice he had received from Pollard, Woolf had eased up on Seabiscuit, allowing his horse to see his rival, then asked for more effort.   The home mortgage market improved last quarter as demand increased and many banks eased their lending standards for the most creditworthy borrowers, Black and White Ointment quickly  eased  the itching, burn and sting. The A E crisis hitting hospitals all over the country could be eased if the paperwork burden was eased on family doctors. Defra has  eased  restrictions on the movement of animals in England. The man eased the injured foot into a shoe. The carpenter planed and eased the dragging door. The new governor eased the misery of the people by lowering taxes. Confessing to the lie eased his conscience. Far removed from the conveniences of indoor plumbing, the people eased themselves in the bushes. A conscience or a pain might go uneased, but in standard usage, people are uneasy about things that bother them. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Expressions category, check our popular posts, or choose a related post below:Masters Degree or Master's Degree?26 Feel-Good Words8 Great Podcasts for Writers and Book Authors

Tuesday, November 5, 2019

Meaning of Winter Solstice in Geography

Meaning of Winter Solstice in Geography The time around December 21 or 22 is a very important day for our planet and its relationship with the sun. December 21 is one of two solstices, days when the rays of the sun directly strike one of the two tropical latitude lines. In 2018 at precisely 5:23 p.m. EST (22:23Â  UTC) on December 21, 2018 winter begins in the Northern Hemisphere and summer begins in the Southern Hemisphere. Why the Winter Solstice Occurs The earth spins around its axis, an imaginary line going right through the planet between the north and south poles. The axis is tilted somewhat off the plane of the earths revolution around the sun. The tilt of the axis is 23.5 degrees; thanks to this tilt, we enjoy the four seasons. For several months of the year, one-half of the earth receives more direct rays of the sun than the other half. The earths axis always points to the same point in the universe. When the axis points away from the sun from December to March (because of the relative location of the earth to the sun), the southern hemisphere enjoys the direct rays of the sun during their summer months. Alternatively, when the axis tilts towards the sun, as it does between June and September, it is summer in the northern hemisphere but winter in the southern hemisphere. December 21 is called the winter solstice in the Northern Hemisphere and simultaneously the summer solstice in the Southern Hemisphere. On June 21 the solstices are reversed and summer begins in the northern hemisphere. On December 21, there are 24 hours of daylight south of the Antarctic Circle (66.5Â ° south of the equator) and 24 hours of darkness north of the Arctic Circle (66.5Â ° north of the equator). The suns rays are directly overhead along the Tropic of Capricorn (the latitude line at 23.5Â ° south, passing through Brazil, South Africa, and Australia) on December 21. Without the tilt of the earths axis, we would have no seasons. The suns rays would be directly overhead of the equator all year long. Only a slight change would occur as the earth makes its slightly elliptical orbit around the sun. The earth is furthest from the sun about July 3; this point is known as the aphelion and the earth is 94,555,000 miles away from the sun. The perihelion takes place around January 4 when the earth is a mere 91,445,000 miles from the sun. When summer occurs in a hemisphere, it is due to that hemisphere receiving more direct rays of the sun than the opposite hemisphere where it is winter. In winter, the suns energy hits the earth at oblique angles and is thus less concentrated. During spring and fall, the earths axis is pointing sideways so both hemispheres have moderate weather and the rays of the sun are directly overhead the equator. Between the Tropic of Cancer and the Tropic of Capricorn (23.5Â ° latitude south) there really are no seasons as the sun is never very low in the sky so it stays warm and humid (tropical) year-round. Only those people in the upper latitudes north and south of the tropics experience seasons.

Saturday, November 2, 2019

Minorities At Risk And Horizontal Inequality Assignment

Minorities At Risk And Horizontal Inequality - Assignment Example Multi-party politics has been introduced in many countries as a way of reforming and improving governance. The increased political competitiveness has however provoked animosity between communities. The minority group ends up being politically marginalized and a possibility of conflict is real. The situation has given rise to power-sharing arrangements in some countries after a violent confrontation prompted by multi-party elections. Addressing all the existing horizontal inequalities among the ethnic groups is important both in countries where violent conflicts have occurred and in potentially volatile regions. Three categories of approaches have been identified to address the social inequalities namely the direct, indirect and integrationist approaches. Direct approaches advocate for affirmative action where previously marginalized groups are given preferences in access to education, political representation, and employment. The approach, however, may elicit disquiet among communit ies not benefiting from such policies. To avoid a potential conflict such initiatives should be given a definite time frame within which they can be used to correct the disparity. Indirect approaches involve policies that indirectly promote inclusion of all communities in the economic, social and political systems. The may include devolution of both economic and political decision-making mechanism. Such policies are however slow in taking effects and may be inadequate in addressing all the horizontal inequalities existing.