Our Casuarina Tree Essay

Our Casuarina Tree is a poem by Toru Dutt, an Indian poet. The poem gives an objective description of the tree and the charm associated with poet’s childhood. It begins with an account of the giant tree with a creeper wrapped around it like a huge python. It is the centre of busy life of birds and beasts. The tree is depicted as grand and charming. It has become dear to the poet because of the memories that surround it – memories of a time when happy children played under its shade. The thought brings out an intense yearning for the playmates, who are now no more alive. For their sake, the tree has become a symbol of their memory. The tree is an immortal memory of the poets joyous past which the cruel waves of time had swept away. The last stanza unfolds a desire of the poet for the immortality of the tree – May Love defend thee from Oblivion’s curse. In the poem the poet celebrates the beauty and the majesty of the tree. She uses the medium of the tree to receive her memories of the past. The poet attempts to recapture the happy time of her childhood in the company of her siblings – Abju and Aru. She immortalises those glorious moments of happiness by recalling the memory of the tree. The emphasis goes beyond that one tree. In this poem, the poet delicately recaptures the past and binds it to her present. The tree has been made immortal by Toru dutt. The first two stanzas scrutinize the tree objectively. The following two subjectively analyses its relation with the poetess’ own state of being. It connects the immortal tree to the mortal siblings, and thereby renders them immortal.

Biodiversity at Risk Due to Urbanization

Forestry â€Å"Indo-Burma Forests† Forests, some of the most essential ecosystems in the world, house about forty to seventy-five percent all plants and animals globally. Unfortunately, the amount of biodiversity in forests is severely at risk due to the increasing deforestation over the past four decades. It is estimated in the biological community that approximately 50,000 species are completely wiped out annually as a result of arbitration, land clearance, logging, and other human techniques.Dry. Edward Wilson, a Harvard professor, predicts that half of all of earth's species could be extinct in about 50 years, unless the deforestation rate decreases. In 2011, Conservation International (also known as C') conducted a study of the top ten most endangered forests in the world (half of them located Asia-Pacific Region). Of the ten, the Indo-Burma forests were deemed the number one most endangered forest. Encompassing approximately 2,373,000 km, the forests spreads from eastern India to Southern china.The Indo- Burma forests are considered to be one of 34 â€Å"biodiversity hotshots,† a term coined y Norman Myers (a British biologist), which is a biographic landscape characterized by outstanding levels of habitat loss and plant endemics. Over ninety- five percent of the region's forests have been destroyed, which leaves only about five percent of the original forest area still standing; therefore, the Indo-Burma forests are the most vulnerable forests globally. The Indo-Burma forests are positioned in the midst of floodplains, lakes, and rivers.These various waterways give off life and prosperity, allowing richness in biodiversity as well as resources. This region is home oh number of the largest freshwater fish, bird, and turtle species. There is also, an assortment of ecosystems embodied in this hotshot, comprising of dry evergreen, wet evergreen, and deciduous forests. There are also several patches of woodlands and scrubbings on karts limestone ridges, some in costal lands as well as dispersed heath forests. Additionally, a broad range of distinct, restricted vegetation developments, including seasonally flooded grasslands, lowland floodplain swamps, and mangroves.This vast biological diversity is a result of topographical interaction, soil hegemonies, climate change, and seasonal rainfall patterns. The plant species are abundantly diverse with 13,500 vascular plants estimated with about half of them being endemic. The flora of forests range from a variety of ginger and orchids (over 1,000 different orchid species found in Thailand alone) to tropical hardwood trees including Disintegrations (teak) and Dipterous (which happens to be commercially valuable).The animal species are even more widespread as Indo-Burma is continually unmasking biological treasures. In the last twelve years, [the following] six age mammals have been discovered: The Salsa, the Inmate Mountain, the Large- Antlered Mountain, the Leaf Deer, the Grey S wanked Doug, and the Inmate Rabbit. There are approximately 430 mammal species residing in the region; over seventy species and seven types are endemic. Over 280 amphibian species are found in the hotshot, but there is not high level of endemics outside of the genus level.The region has noteworthy freshwater fish creatures; there are over 1,260 recognized species (about 10% of the world's total freshwater fish). There are more than 1,260 bird species with over 60 being endemic. The floodplain wetlands and the rivers are absolutely essential for bird species conservation since population numbers have declined due to human expansion and hunting. The reptile population is one of the more prevalent species of the region. Almost 520 species of reptile reside there which more than 200 species being endemic and twelve genera.This Indo-Burma hotshot carries perhaps the largest assortment of freshwater turtles globally; there are exactly 53 species (57 including tortoises), signifying 20% of the world's species. A popular species is the Chitchatted, a striped narrow-headed turtle with a soft-shell, which can grow up to about 120 centimeters. These species are decreases in number as well, mostly due to the overexploitation on behalf of wildlife trade. Of the 22 non- marine turtle species that are endangered, almost half of them are found in the Indo- Burma region.Other prominent reptiles include the Ellipsis butterfly lizard, the Chinese crocodile lizard, and the Siamese crocodile. Humans have greatly impacted life for the animals, however, and the overall environment. Indo-Burma was actually one of the primary lands used by humans in the development of agriculture; Hereford, fire has been used more and more over the years to clear out land needed to fit agricultural needs and other human demands. As demand for agricultural goods has skyrocketed over the past years due to population and market expansion, forest destruction became widespread.Huge areas of lowland forests soon became replaced with tree plantations (oil palm, teak, and rubber), while hill forests and Montana were threatened by sugarcane, coffee, tea, and vegetable crop plantations. In addition to plantations, forests become endangered by mining for ores and gems, firewood collection, charcoal production, and logging. The marine ecosystem simultaneously became under great pressure in many areas due to development. Draining for the cultivation of wet rice has damaged freshwater wetlands and floodplain swamps (mainly in Vietnam, Thailand, and Manner).The damming of rivers have also become way more prevalent in efforts to generate electricity and maximize water storage to support the economic growth of the country as well as for exportation of goods and services to bordering countries to increase foreign exchange income; regrettably, damming a river not only converts that small body of eater into a large pond, but it decreases the oxygen content and overall temperature, as well as in amp lifies water turbidity down the river and river-bed erosion.The operational measures of the reservoir has resulted in sporadic or frequent flooding of sandbanks, stretches of channel assortment, sandbars, and other territory that is generally uncovered during dry season [severely impacting turtle species and nesting birds]. Mangroves in the region have been transformed to aquaculture ponds, while mudflats have been comprehensively afforested with mangrove or shed by piles of nets, which greatly effects their significance as a feeding habitat for migrating birds and other specimen.Furthermore, ecosystems of sand dunes are in severe danger due to forestation, and overfeeding along with excessive use of [destructive] fishing methods have produced a considerable problem with both the offshore and coastal aquatic ecosystems. Being that only 5% of natural habitats are left in a pristine state and 10%-25% of damaged land due to habitat loss and exploitation of resources, something had to b e done to decrease the probability of omelet extinction of the forests. In the Indo-Burma hotshot, protected area structures have become the foundation of government conservation program.There is officially 236,000 km of land protected, representing nearly ten percent of the original amount of vegetation in the region. Conversely, only 132,000 km (almost six percent) is in the International Union for the Conservation of Nature and Natural Resources (CNN) protected area categories one to four. Together, the countries of Lower Mekong (Thailand, Cambodia, Vietnam, and Ala P. D. R. ) have above 13 percent f their territory contained by an arrangement of protected areas.A fine approach to ensuring that the system of protected areas effectively preserves representative biodiversity is by securing the species that face the greatest danger of extinction globally. Endangered species worldwide are shielded best by targeting preservation investment to the sites in which they are prevalent; the se areas are known as â€Å"key biodiversity areas† (Kbps). More efforts towards the conservation of the Indo-Burma forests are currently in the making and there are many organizations and individuals that are eager to contribute.

Russians As the Others in 1920s and Early 1930s Hollywood Essay

Russians As the Others in 1920s and Early 1930s Hollywood - Essay Example The movie can be used as a symbol of the fate of Russians in Hollywood. It must first be understood that Russians had very limited success in Hollywood with the possible exception of Kirk Douglas whose parents were Russian Jewish immigrants. But this was because Douglas had no accent issues as he was trained at American Academy. However the rest of the actors of Russian descent had marginalized success in Hollywood as their accent forever sealed their fate and they were limited to either smaller side roles or at best character actors. They couldn't make it to the mainstream roles. Freaks (1932) is a sign of that fate. The movie is symbolic of what happened to those Russians who tried to enter the Hollywood. In this movie, the only Russian born actress, is the leading female character of Cleopatra played by immensely beautiful Olga Baclanova. Baclanova had arrived in USA with Moscow Theatre group. Her first love was stage and that is what she was doing when a role in Freaks was offered.

Personal & Professional Development Assignment Example | Topics and Well Written Essays - 3000 words - 1

Personal & Professional Development - Assignment Example Whilst undertaking this course, I undertook numerous exercises in seminars and took part in different activities, which as well has been of great help particularly in developing my personal attributes. The activity involved in was presenting the work to my group. During this activity, one of the most challenging issues that I noted was time management. In fact, for the first time as a postgraduate student, I came to recognize that time management is an important skill for all professionals (Cheng and Li-Fang 2004). Even now, I have been working hard to improve on management of time after going through different activities included in my log. To considerably improve my skills of time management, I have been consulting a number of published materials including books, professional practices as well as activities such as group participation. All these were also achieved with the help of a development plan ( Cho, Roberts and Patten 2010). I must say that, I have used my formulated developmental plan to improve my skills of managing time and this is evident in the way I have been accomplishing my assignments-finishing assignments early instead of waiting for the last day rush. As student in management class, particularly specializing in international business, I have immeasurably learned a number of important aspects, which will help me in making informed decisions particularly in cross cultures in future (Cummings and Worley 2009). Generally, this course has enabled me to learn more about varied practices in international management as well as other aspects linked to cross-culture and which will assist me to become a successful manager in an international context. In fact, having studied with various students who come from diverse ethnicities and cultures, I have, through my course, learned to acclimatize and adapt several things as well as ethics, which have helped me to

Equal Opportunities policy in UK Essay Example | Topics and Well Written Essays - 1250 words

Equal Opportunities policy in UK - Essay Example The policy covers all aspects of employment, from vacancy advertising, selection recruitment and training to conditions of service and reasons for termination of employment. In order to ensure the effective operation of the policy the company/ organisation/firm/practice/etc maintains records of employees' and applicants' racial origins, gender and disability. The company's/organisation's/firm's/practice/etc long term aim is that the composition of our workforce should reflect that of the community. Timetabled targets will be set for groups in the community that are identified as being underrepresented in the workforce. Where necessary, special steps, as permitted by the relevant Acts of Parliament, will be taken to help disadvantaged and/or underrepresented groups to compete for jobs on a genuine basis of equality. The company's/ organisation's/firm's/practice/etc Equal Opportunity Employment Policy (EOEP), and the measures to implement it, have been devised on the basis of advice from the relevant bodies as well as in consultation with appropriate union and/or employee representatives. The director of personnel/managing director/senior partner/etc, is responsible for the effective operation of the company's/ org... The director of personnel/managing director/senior partner/etc, is responsible for the effective operation of the company's/ organisation's/firm's/practice/etc EOEP. A copy of the EOEP is available from the personnel department/managing director/senior partner/etc (2005). Marshall stated that "The equal opportunities culture in mid-1990's has been one that has tended to have a narrow focus, and to fuse social justice issues with performance standards and improvement, with a greater emphasis on the latter." According to Chmiel the UK legislation does not extend to gay or lesbian workers and it provides only a framework to be adhered to thus the companies may adhere to and comply to the legislation loosely. "The basic premise of equal opportunities is that talent and ability are spread equally through all groups, including men and women, all able bodied and disabled people, and all ethnic groupings." As per the survey conducted by Honey, Meager and Williams in 1993 only one out of 20 organisations approached the legal quota of disabled employees. Discrimination was reported by 22 percent gay and lesbians when applying for jobs, 24 percent in promotions and about 50 percent due to their sexuality (1999). Chmiel further stated that women recruited and promoted under the programme Opportunity 2000 carried a 'Stigma of Incompetence', experienced lower self confidence and backlash from other members in the organisation (1999). Survey results published by Cara Aitchison stated that it was difficult to identify discrimination in recruitment, selection and promotion situations since many reasons could be effectively used as smoke screens, but discrimination occurs in day to day life such as indifferent attitudes

Jane and her husband, Ian, own a sheep farm. Their business is Essay

Jane and her husband, Ian, own a sheep farm. Their business is struggling financially. Jane and Ian are receiving a number of final demands for bills that they - Essay Example This situation is very difficult as it can lead to legal suit against them by the creditors, inability to meet the basic needs, and even embarrassment. Therefore, it is critical that the affected parties have legal alternatives to the situation, as well as fundamental approach to it. The most realistic legal approach to Jane and Ian is to file for bankruptcy. Bankruptcy is a legal proceeding that allows people who cannot meet their financial obligations to have alternatives to meet these obligations (Keay and Walton, 2008, p. 14). Basically, it is one of the ways of dealing with debts that an individual is unable to pay. An individual who has been declared bankrupt is subject to certain restrictions and is freed from his or her debts after a given period of time. Under the UK laws, bankruptcy is governed by the Insolvency Act 1986 and the Insolvency Rules 1986 (Keay and Walton, 2008, p. 17). An individual can be made bankrupt through a court order after presenting a bankruptcy petition. This petition may be presented by an individual on the ground that he or she cannot afford to pay debts or by a creditor against the debtor. Considering Jane and Ian’s situation, applying for bankruptcy would be the most preferred option of overcoming their problem. As noted in the case of Re Cheyne Finance plc [2007], bankruptcy encompasses the consideration that an individual cannot afford to pay debts as they fall due and also the consideration that this individual may not be able to pay future bills (Keay and Walton, 2008, p. 101). This interpretation shows that if Jane and Ian file for insolvency, they will be covered against current and future debts. Before applying for bankruptcy, they should be aware of the restrictions that they will be subjected to: they cannot raise credit without informing the creditor that they are bankrupt; and they have to give information to their trustee and cooperate with

Intro to c&b (u3ip&db) Essay Example | Topics and Well Written Essays - 500 words

Intro to c&b (u3ip&db) - Essay Example There are certain factors that are imperative to correctly evaluating and choosing the correct evaluation and management code when a patient comes into a medical facility. These include where services are carried out (whether the patient is an inpatient or outpatient), the type of service that is performed (such as a consult or problem-oriented examination), the type of patient history that is taken down, the extent to which the physical examination is carried, and how complex the medical decision-making is (Chiang, 2005). According to Mitchell (2003, pg. 1), there are eight elements. These are, â€Å"location, quality, severity, duration, timing context, modifying factors, and associated signs and symptoms.† The types of visits include initial impatient consults, nursing facility visits, subsequent nursing facility care, domiciliary care, follow-up inpatient consult, home services, and prolonged services (Mitchell, 2003). Chiang, S. (2005). Coding and documentation part 3: Evaluation and management codes. University of Alabama at Birmingham. Retrieved August 6, 2008, from http://74.125.45.104/search?q=cache:koHmR7QEXzUJ:www.obgyn.uab.edu/medicalstudents/obgyn/uasom/documents/CodingPart3E%26M.pdf+%22evaluation+and+management+codes%22&hl=en&ct=clnk&cd=11&gl=us Mitchell, R. (2003). Evaluation and management coding and Medicare Part B. Applied Medical Systems, Inc. Retrieved August 6, 2008, from http://74.125.45.104/search?q=cache:pkVtzGq-Md4J:www.appliedmedicalservices.com/sb_sections/sectionmain_aboutams/newsroom/articles/em_presentation.ppt+%22evaluation+and+management+codes%22+eight+steps&hl=en&ct=clnk&cd=12&gl=us According to Outsource Strategies International (2008, pg. 1), â€Å"Medical diagnostic coding is a procedure used to help health care professionals digitize medical information and thereby make their record keeping and practice management more reliable and simple. Medical codes are

Religion in China Research Paper Example | Topics and Well Written Essays - 2000 words

Religion in China - Research Paper Example However, religion in China is actually considered pluralist. Meaning, religion in China is considered to be more family-oriented and does not strictly require observance by its members. This paper shall discuss religion in China, considering its application and the various practices seen in the country. Considering the pluralist nature of religion in China, various authors and scholars define religion in China as cultural practices, not actual â€Å"religions† (Taylor, 1982). Nevertheless, in the popular and contemporary context, various religions abound in China, including Buddhism, Confucianism, Islam, Judaism, and Christianity, among others. Buddhism is the most common religion in China and was first seen in the country in the first century (Landaw and Baudian, 2003). The Chinese folk religion known as Shenism is however China’s largest religion as it encompasses various religious traditions (Gargan, 2001). Shenism is a combination of various ethnic religions, including Taoism, the worship of the shens, heroes, ancestors, Chinese mythological figures, and local ethnic deities (Gargan, 2001). In the seventh century, Christianity in China was first seen; it re-emerged in the 16th century with the appearance of the Jesuit missionaries. As the 18th century saw the entry of Europeans into China, Western religions were eventually introduced in the country (Hughes, 2005). More religious freedom was seen in the 1980s and Taoism and Buddhism became an important part of their culture. In the current context, Shenism and Buddhism are considered the most popular religions in China, and smaller percentages of the population are Christians or belong to other religious groupings. In considering the historical beginnings of religion in China, it is important to note that before Chinese civilization was established, the ethnic and folk religious practices were practiced alongside shamans (Walter and Fridman, 2004). With the advent of Chinese civilization, the indigenous and folk religious practices slowly emerged and developed; and this saw the introduction of animism and Taoism into China’s culture (Walter and Fridman, 2003). It is very much supported by the Chinese people, with the firm recognition of the impact of these religions in their lives and t heir daily activities. The People’s Republic of China was founded in 1949 and it is considered atheist as it sees religion as part of foreign colonialism; it also strictly adheres to the separation of Church and State (Overmyer, 2003). In the mid-1960s, the Cultural Revolution firmly emphasized the elimination of religions; this period saw the destruction of places of worship. In the 1970s, the end of the Cultural Revolution saw improved tolerance in religions and the expression of these religions – with emphasis on the freedom of religions (Hughes, 2005). Their 1978 Constitution also emphasized on this mandate with Article 46 which emphasizes on religious freedom and the non-discrimination of citizens due to religious beliefs (Peale, 2005). There have been various programs to rebuild Buddhist and Taoist temples in the 1980s and these programs have helped in integrating religion as an important part of the Chinese culture. Buddhists in China are spread out all over the country. The Southern provinces are strong in Shenism and Taoism (Hays, 2010). Chinese folk religions are seen in the central regions and are hardly seen in the northern regions. The northern regions are atheist and agnostics with some Buddhists and Taoists mixed into the population (Hughes, 2005). Sichuan is dominated by Taoists and the eastern regions and coastal provinces are mostly Christians (Little and Eichman, 2000). Tibetan Muslim

Island of stone money Essay Example | Topics and Well Written Essays - 500 words - 1

Island of stone money - Essay Example The uniformity of Fei was another element that added to its qualification as money. As a trait in Fei, the stone could not be duplicated and this helped to restrict the use of alternative commodities as currency. Fei was a viable item for money because it was transportable. It had a hole in the center that helped in carrying it around especially when the need to complete a transaction arises (Friedman 1). The suitability of Fei to perform the function of medium of exchange underpinned its qualification as money. Fei allowed the islanders to transact buying and selling goods amongst themselves conveniently. Money helps in storing value and so did Fei. For example, a family in the Islands was renowned for its wealth because of an ancestor who had discovered a Fei that, besides having sunk in the sea, it still gave them a sense of wealth (Friedman 2). Fei was commodity money because its users accepted it as a form of payment even when they did not have a specific need for it. This is the reason why it was not necessary to carry the Fei from the buyer after completing a transaction. The value in use of Fei is one paramount aspect that justifies that it was commodity money. Fei had intrinsic value and besides helping the buyer to get the goods and services they needed, the seller obtained a sense of wealth and he or she enjoyed the prestige ascribed to people in possession of it. It therefore helped fulfil the goal of an economic activity of acquiring the value of commodities and services. Fei is commodity money because using it in transactions resembles barter trade only that it has a single recognizable unit of exchange (Friedman 2). Fei also qualify as commodity money because it has value in exchange. Exchanging Fei for other goods helped buyers indirectly acquire other items. Fei had value in exchange and if its value in use changed, it would have

Abnormal Psych DQ Questions Essay Example | Topics and Well Written Essays - 500 words

Abnormal Psych DQ Questions - Essay Example The low functional levels due to the profound mental retardation makes it difficult to assess for the key characteristics of autism and so diagnostic instruments are likely to throw up spurious results. This makes diagnosis of autism a challenge and calls for clinical experience (Brasic, 2006). Autism was initially believed to be associated with higher social classes, but is now known to afflict all social classes in an equal manner. Motion abnormalities are a striking feature of autism and may provide the means for the identification of autism in early infancy, prior to the other manifestations. In children the motion anomalies demonstrated are also highly characteristic and can be easily identified. An example of such an abnormal motion typical to autism is the placing of the hand with fingers outstretched by the child before the eyes, with rapid back and forth movement. This action of the child is considered as self-stimulation, as it produces a visual sensation. Many of such abnormal motions typical to autism appear like attempts to provide sensory input to the self in barren environments (Brasic, 2006). The cause of autism still remains unknown, but there are several hypotheses that include exposure to toxic agents and infections, and possibly vaccinations for diseases like measles, mumps and rubella. The treatment of autism is essentially directed towards the associated behavioral problems and so includes intensive behavioral, educational, and psychological components. The use of serotonin in the treatment of autism is under investigation. The earlier the diagnosis and use of intervention strategies the more favorable the outcome and so regular screening of infants and toddlers for signs and symptoms of the disorder is useful (Brasic, 2006). The definition of oppositional defiant disorder (ODD) provided by the American Psychiatric Association’s Diagnostic and Statistical Manual, Fourth Edition (DSM IV) is that it is â€Å"a recurrent

Organization and Behavior Essay Example for Free

Organization and Behavior Essay 1. Understand the Relationship between Organizational Culture and Structure 1.1. Compare and contrast three different organizational structures and cultures. The long term success and failure of every company depends on its structure – no matter how vague it may sound, structure of a company decides where the company will be in the near future. The three types of structures are: Functional structure – under this kind of structure, the company is divided into different groups, who are then assigned different tasks – like the accounts, the sales and admin, and the marketing departments. Divisional structure – this kind of structure is followed by companies with huge geographical area coverage. Each part of the area has a smaller division within the same umbrella group. Matrix structure – this is a combination of both the divisional and functional structures, and operates upon theories imported from these two structures. But, this structure is associated with ego clashes among the top positions, and power clashes. The different kinds of organizational cultures are as follows: Power culture: organizations following this kind of culture may be able to respond to crisis very quickly, but the problem is that the system is very centralized. This kind of culture relies heavily upon people rather than committees (Harris, 1994). Role culture – position is main criteria in the role culture. The organization is controlled by senior management at the top of the pyramid, and the system is also highly formalized. Task culture – this type of culture is practiced more often by organizations with a matrix structure. Main emphasis in this structure is given to completion of tasks. It strongly believes in the unified power of a team (Harris, 1994). 1.2. The relationship between an organization’s structure and culture There is a very strong relation between organizational structure and its culture, as only the perfect match of the two factors will lead to a good working environment in office. At TESCOS, as a store manger, it is  definitely a priority to look at the kind of attitude and behavior the employees are having, and how clean and suitable the culture is. If the structure of a company id hierarchical, with all the decisions being made at the top, the employees will have no or less freedom, and there will lack of autonomy at the lower level of the pyramid. On the other hand, if the power is divided between all the sections, the company culture will be lot more friendly, with the employees at all levels enjoying equal freedom (Parker, 2000). 1.3. Overview of four factors that can influence individual behavior at the Irish TESCOS Environment – more emphasis put on building a friendly and mutual environment in the workspace will ensure that team work and productivity of the company increases. Technology – the better the prevailing technology at the core of the company, the lesser the employees will have to work, and hence, better streamlined workflow and productivity can be ensured. Locus of control – employees who have an external locus of control will constantly criticize people, find faults, and also depend on others for their success. On the other hand, people with internal locus of control think that their own destiny is in their own hands. Customer Demand – though and external factor, but it is to be noted, that the more the demand, the more the sales, and greater the growth of the company (Parker, 2000). Task-2 2. Understand the Relationship between Organizational Culture and Structure 2.1. Compare three different leadership styles for three different business  organizations Leaders are different, and so are their leadership styles. Leaders are meant to motivate their team, and hence, leadership styles sculpt the outlook of the staffs. Here are the various leadership styles: Laissez Faire – in this kid of leadership style, the leaders allow a certain level of freedom is given to the staff, and trained directors are appointed to coordinate efficiently between the high level managers and the working staff (Antonakis et al, 2004). Autocratic style – under this style of leadership, the leaders keep an eye on the employees at all time, and face time is increased. There are a lot of arguments over this style of leadership, as there exists no or little freedom for the employees, and they sometimes find it extremely uncomfortable to work under these situations. But when practiced in a controlled manner, this style can be effective, especially under tight deadlines (Antonakis et al, 2004). Participative – This is a good balanced style, and a mix of both the autocratic and Laissez Faire styles. This gives a little bit of freedom to the employees, while the managers are still around supervising at all times. 2.2. How organizational theory underpins the practice of management for the Irish TESCOS In the Irish TESCOS scenario, organizational theory has a vital role to play. The authenticity and practicality of organizational theory has been questioned by many modern scholars, but the fact remains that these theories underpin and supports the stability of an organization. These theories, apart from helping the managers to find out the prevailing problems in the company, also help them to find the right method to deal with the problem, and ultimately solve it. There are a lot of these theories – they have been created in different  periods, with different economic and socio economic conditions – and the real art for managers’ lies in finding the best method out of these, and applying them in the present context. Some of these theories may seem to be obsolete these days in the age of ever changing technology, but it is to be understood that they form the base and foundation of companies across the world. 2.3. Evaluate four different approaches to management used by different organizations. The four different managerial approaches are as follows: Participative- Under this approach, the managers discusses and collaborates with his team managers about the decision making process. [pic] Bureaucratic- Bureaucratic is opposite to participative process, where the manager forces the team members to follow strict rules, and to obey a chain of commands (Tittemore, 2003). Autocratic – An autocratic manager is almost a ‘dictator’ who supervises his people at all steps and ensures job is done at the right time. Hands off approach- This is the friendliest approach of all, where the manager gives complete freedom to his men in all respects (Sapru, 2008). Task-3 3. Understand ways of using motivational theories in organizations 3.1. How different leadership styles impact employee motivation in periods of change Periods of change are often the periods when crisis happens. Hence, good leadership techniques are to be adopted by the leaders to protect the company from sudden jerks. Here are the most commonly practiced leadership  styles: Autocratic – managers following this style will never allow the team members to contribute towards the decision making process, and will try to establish huge confidence towards their own decisions. Democratic – totally opposite to autocratic style of leadership, when special attention is paid to what the team members think. The point of views of the employees is hence at least heard before making the final decision. Quiet – in this process of decision making highly trained employees are recruited by the manger, and then leaves day to day decision making to them, as he remains ‘quiet’. Transformational – as the name suggests, the manager practicing this method tries to encourage and motivate his team about the bright future of the company, and hence tries to extract more productive work from them (Robbins and Judge, 2008). 3.2. Identify the application of three different motivational theories within the workplace. Listed below are three different motivational theories: Maslow’s Hierarchy of needs – Maslow states that human needs can be graphically represented as a pyramid, and they move from the bottom to the top; as the needs at the bottom are satisfied, man focuses on the next need at the top. These needs range from love needs, social needs, to self actualization (Maccoby, 1998). Carrot Stick – this theory was coined by Bentham, and explains that human is motivated by either of the two forces – fear or incentives. Either he will work to fulfill his money, security and other material needs, or he will work due to pressure and fear. The motivation – hygiene theory – this theory was introduced by Herzberg in 1959, and stresses on the fact that employee satisfaction and dissatisfaction is caused by some ‘hygiene factors’ (Maccoby, 1998). 3.3. The usefulness of a motivation theory for managers at the TESCOS in Ireland. Companies like the TESCOS do rely on their employees for not only production, but also for proper distribution and even product quality control. But to get exceptional performances from them it is required for the managers to provide proper motivational incentives. Motivational theories can help the TESCOS managers to properly motivate their employees and provide them proper job roles for increased productivity. Organizational Management – organizations use motivational theories to promote favorable working conditions at the organizational and departmental levels. Rewards – The reward system takes a lot from the expectancy theory, and helps motivating the employees to work even harder, as they see their work being appreciated. Perception of the employees in the equity theory, it ca be learnt that employees perceive the rewards given to them in exchange of the work that they need to do. When the perception and actual incentive matches, the employee gets motivated to perform better in the future (Robbins and Judge, 2008). Productivity – a lot of company incorporate goal setting as a fine tool to increase the productivity level of the employees. Task-4 4. Understand mechanisms for developing effective teamwork in organizations 4.1. Explain the nature of groups and group behavior within organizations. A group may be defined as a collection of individuals who have similar aims and are set to achieve the same goal. Groups are mainly of two types: Formal Groups – these groups are designed by companies, and each group is assigned different and specific tasks. Informal groups – these are groups formed by individuals themselves. Hence, they are not properly arranged, and not at all structured (Butler 1986). Groups are formed over a series of steps. They are: Forming – the initial stage of group formation. In this stage, the resources and other details required to form the group are procured. Storming – much like ‘brain storming’, in this stage, the individuals in each group challenge and try to find answers. Conflicts are common in this stage. Norming – in this stage, all conflicts are resolved, as the answers to the questions asked by the members are found. Performing – in this stage, coordination, and team work starts taking place between the different team members, and they start becoming a single unit. 4.2. Factors that may promote the development of effective teamwork in organizations The factors that can improve teamwork are: Good leadership – A good leader ca motivate his men in performing better and reaching greater heights. Hence, leadership is a factor that should never be underestimated. Leaders are adept in different theories and motivational methods, and the best leaders are those who can take spontaneous decisions (Parker, 2000).. Diversity – good teamwork develops as and when the members embrace diversity in terms of age, sex, religion and culture. Communication – if communication is strong among all the team members, everyone will be on the same page, and will also be equally informed. Great communication is the key to effective team building. Team Building Exercises – proper training is to provided for effective team building; and the training is to provided with the help of professionals who can indulge the team in proper drills and exercises. 4.3. Impact of technology on team functioning within TESCOS in Ireland. In the modern era, no organization can work without upgrading to the latest technological trends. Technology not only makes sure that the employees have to work less, but also ensures that the results are always accurate, and there is no repetition of jobs. While emails can help the employees to communicate with themselves and the third parties, devises like the Blackberry and Smart phones enable them to properly communicate. Teleconferencing allows the team to communicate over distances effectively without being physically present there. And of course, computers are, the more advanced, the better. Not only TISCOS, but every company these days understand of the important role that technology plays, and hence have started to upgrade to the latest technological updates. References Antonakis, J., Cianciolo, A. T. and Sternberg, R. J., 2004. The Nature of Leadership. New York: Sage Publications, Inc. Butler Jr., J.K., 1986. A global view of informal organization. Academy of Management Journal, 51, 3, 39-43. Harris, S. G., 1994. Organizational Culture and Individual Sensemaking: A Schema-Based Perspective. Organization Science, Vol. 5,(3): pp. 309–321. Maccoby, M., 1998. Why Work: Motivating and Leading the New Generation. New York: Simon Schuster. Parker, M., 2000. Organizational Culture and Identity. London: Sage. Robbins, S. and Judge, T., 2008. Essentials of Organizational Behavior. 9thEd, New Jersey: Pearson/Prentice Hall. Sapru, R.K., 2008. Administrative Theories and Management Thought. New Delhi: Prentice-Hall of India Private Limited, p 276 Tittemore, J. A., 2003. Leadership at all Levels. Canada: Boskwa Publishing.

Renewable Energy Essay Example for Free

Renewable Energy Essay The possible downsides associated with different types of renewable energy resources are briefly listed below. Hydroelectric dam Located in remote hilly regions mostly prone to earth quakes Requires construction of large dams in potentially seismic zones Seasonality in power output as water flow is more in rainy season Nuclear Power Plants Accident if occur will cause lot of damage Radioactivity exposure to the personnel Radioactive waste disposal continues to be an unsolved issue Nuclear proliferation fear Solar Power Technology is yet to mature in terms of affordable and efficient solar panels Conversion efficiency is low Scalability is an issue Depends on sky condition Cannot produce electricity in night so storage device is required Green power refers to renewable energy resources which do not adversely affect ecological balance. Some examples are hydroelectric power, wind power, solar power, biomass etc. Advantages and disadvantages are listed below. Green Power Source Advantage Disadvantage Wind energy Free, clean Reliability is a big question mark Solar Energy Free, Clean, Plentiful Low conversion efficiency Hydroelectric Clean, free Located in remote hilly regions Today, the world is interested in renewable energy resources because the fossil fuels are limited in reserve and will deplete completely one day. Also, exploitation of the fossil fuels is leading to ecological imbalances and causing green house effect leading to global warming, which is a very serious issue, globally. The only answer to these problems is to go for renewable energy resources. Therefore, the world is so much interested in decreasing energy production from fossil fuel and increasing the same from renewable energy resources.

Ludwig Feuerbach The Essence Of Christianity Religion Essay

Ludwig Feuerbach The Essence Of Christianity Religion Essay Feuerbachs own introduction to the second print of his The Essence of Christianity is as good an exposà © as any of both his intentions and the content of his book. His own comments on the style of his writing are insightful both with regard to the content of the book as of the Young Hegelian movement as a whole. Forms, it seems, encapsulates the direction which Hegelian thought seem to have taken. This sense of style seems both as a device by which Feuerbach distances himself from the at times tiresome and elaborate musings of the German philosophical tradition and as a means by which to demonstrate the immediate and down-to-earth conclusion he himself has drawn from studying the Christian faith. In doing so Feuerbach claims to walk a path wholly of his own making, far removed from the obfuscation associated with Hegels work. Style, then, is as much content as it is on the surface of things. It tells us both to whom the message is addressed and the context in which it is written. F euerbach is, perhaps as a result of his awareness of the to be resolved Hegelian dichotomy between form and content, highly self-conscious of the form he is taking in addressing his audience: I have never held, surely, the scholars to be the measure of true learning and of the art of writing; not those abstract and particular academic philosophers, but universal man instead. (à ¢Ã¢â€š ¬Ã‚ ¦) and I have made a law of the highest level of clarity, simplicity and determinacy to the extent to which the subject matter allows it. I have done so in all my writing, including this one, in order that every educated and thinking man can at the very least understand the main point of my work.  [2]   Feuerbachs style is inherently democratic and adverse to the prevalent mandarinism of the German intelligentsia. It is a statement in and by itself. The suggestion Feuerbach is making is that this is the language of science. These are not subjective utterances of a particular individual but irrefutable truth arrived at by virtue of strict application of a thoroughly rational methodology. Feuerbachs posture is one of a levelheaded thinker who aspires to the elementary truth. A truth that is, as we shall see, not shrouded in the abstract mysteries of abstract thought, but instead claims to be commonplace. One only needs to look clearly at the world in order for the ghosts of speculative idealism to dissipate. Feuerbach is practising the art of artlessness. Many of those influenced by Feuerbach have tried to emulate this posture and it is probable that a large part of the success of The Essence of Christianity is due to it tone. Its tone must have been seductive to an ever increasing contingent of thinkers barred from having a place within the established order. The author of The Essence, so it seems, took a certain pride in his lack of social stature. After all, such rogue thinkers might well be more inclined to think outside the box, not needing to adorn their truths in order to make them acceptable to all. This pathos is certainly recognizable in our present and practically an idiom in popular culture. At the time of its publication, however, the feeling was such that The Essence had cleared new grounds. It was frequently said that The Essence had a liberating effect. It expressed double entendre implied the spirit of the age. Or at least the very least the spirit of a particular segment within the 19th century German speaking coun tries of Central Europe. A segment of society that was repressed and excluded and had now, finally, found a voice to call its own. Feuerbachs aim was to clear away the alienating representations of Christianity in order to gain an empiricism that allowed to clearly state the nature of reality. Feuerbach: (à ¢Ã¢â€š ¬Ã‚ ¦) weiter will meine Schrift nichts sein als eine sinngetreue ÃÅ"bersetzung bildlos ausgedrà ¼kt: eine empirisch- oder historisch-philosophische Analyse, Auflà ¶sung des Rà ¤tsels der christliche Religion.  [3]   (à ¢Ã¢â€š ¬Ã‚ ¦) my book wants to nothing more than a translation that is true to the senses expressed without images: an empirical- or historical-philosophical analysis, resolution of the mystery of the Christian religion.  [4]   In the above Feuerbach makes clear his intent. He wants to strip bare the Hegelian dialectic into its most elementary form and overcome an idealism that is identified as being synonimous with the teachings of Christianity. The truth attained after decomposing Christianity will be immediate, sensual, and therefore without images. These words resemble those of an iconoclast, of someone wanting to empty the faith of all idolatry that stands in the way of truth. This is feeling is enhanced by Feuerbachs insistence that the Christianity which he shall tackle is not the same today as it was at the moment of its own genesis.  [5]  The original teachings of the Christian faith by Jesus have been steadily corrupted, according to Feuerbach, by subsequent interpretations and explanations of theologists. Theology has transformed Christianity into dogmas that are contradictory and unintelligible. The Essence is an attempt to retrieve the religion of Christianity from its theology, and Feuerbach makes a clear distinction between the two. Only after going back to this moment of authenticity within the Christian faith, that is, of the original myths surrounding the teachings of Jesus, can we hope to gain a new insight as to what these myths really imply. This explicit disapproval of theology in Feuerbachs writing is, as we shall see, consistent with a particular strand of anti-intellectualism expressed in The Essence. For Feuerbach believed that he had transcended not only the limitations of religion but those of philosophy as well. The Essence is itself therefore not a work of philosophy but of anthropology. In anthropology both religion and philosophy were superseded; it provided immediate, scientific, truths about human nature. By emphasizing that he was practicing another form of enquiry altogether Feuerbach tried to make more dramatic his break with both Christianity and the excesses of speculative philosophy as done by Hegel. Anthropology was believed to provide concrete results that could be empirically verified by basic human understanding, doing so in a commonsense language untainted by jargon. Anthropology dealt with humanity in general and had as a field of study, according to Feuerbach, something concrete and real. For humanity was undeniable since we ourselves were human. Feuerbach abhorred the tendency of idealist thought to reduce everything to the consciousness of the single mind. This, he thought, was an absurdity since much of what one calls ones own can be seen to be embodied by other human beings as well.  [6]  The human body was as a source of non-intellectual understanding, or feeling, shared by all members of the species.  [7]   So too was (historic) human culture a field for the creation of collective meaning by which those unalienable qualities of the human race could be represented. Feuerbach remained a Hegelian in seeing historical development of human culture in connection with the development of human consciousness. He too believed that the ideas and truths developed and represented in culture would, given time, be embodied by human consciousness. Feuerbach diverted from Hegel in seeing this development in terms of mans understanding of himself as member of a species. This understanding was expressed in highly naturalistic and empirical terms. With regard to Strauss, Feuerbach said not to be interested in the question of whether Jesus Christ had truly existed or not. Nor would Feuerbach critically interpret theology, a field in which he had no interest other than a feeling of disdain. What was of interest was the instantly recognizable myth told by the Biblical story of humanities redemption through Christ. This was the core around which the webs of mystification were spun. Just as the life and death of Christ was key in Hegels understanding of the Christian faith in being his philosophys other. So too was redemption, according to Feuerbach, the single most important event which had taken place in human history. Feuerbachs task was to take this myth and explain it in atheistic, anthropological, terms which directly reflected the hope and aspirations of humanity at large. This was not, however, to reduce or criticize the essence of faith. Rather, this methodology exhibited in The Essence was to scientifically explain the myth central to Christianity. In the understanding of the dialectic this meant that the content of the Bible, which was still marred by an excessive dependence on representation, could be brought on a higher plain of immediate understanding. In other words, although Christianity contained a truth, this truth was itself marred by Christianity. Christianity was in contradiction with itself, a contradiction that had to be resolved by its being superseded by anthropology. Feuerbach says of this: Ich (à ¢Ã¢â€š ¬Ã‚ ¦) lasse die Religion sich selbst aussprechen; ich mache nur ihren Zuhà ¶rer und Dolmetscher, nicht ehren Souffleur.  [8]   I (à ¢Ã¢â€š ¬Ã‚ ¦) let religion speak for it self; I am merely its audience and translator, not its critic.  [9]   Feuerbach, like Hegel, sees Christianity as a mirror of human consciousness. The qualities ascribed to Christianity are, in truth, the qualities of the human mind at a given time. Throughout The Essence the claim is repeated that faith is but an alienated manifestation of the self-as-species. The consciousness of God is the self-consciousness of mankind, the knowledge of God is the understanding of mankind. Religion is the first attempt towards self-consciousness. Yet it is in itself flawed; it remains an indirect self-consciousness through the manifestations of religion. Feuerbach writes in a sentence that could have been made by Hegel himself; Der Mensch verlegt sein Wesen zuerst außer sich, ehe er es in sich findet.  [10]   At first man misplaces his essence outside himself, before finding it within himself.  [11]   Everything that is to be found in religion can be found in actual human consciousness itself. Religion is constituted by reverence for alienated qualities of the self. Despite all its grandeur, religion has no content that is particular to its self. Religion is alienation itself and therefore made up around nothingness. This also explain the vague, indistinct, character of the omnipotent Christian God. God is said to embody all virtues of man, yet none in particular. God is everywhere, yet nowhere in particular. God knows everything, because he knows nothing in particular. According to Feuerbach the very notion of God is itself void: (à ¢Ã¢â€š ¬Ã‚ ¦) weil alle Dinge, die der Vernunft imponieren, vor der Religion verschwinden, ihre Individualità ¤t verlieren, im Auge der gà ¶ttlichen Macht nichts sind. Die Nacht is die Mutter der Religion.  [12]   (à ¢Ã¢â€š ¬Ã‚ ¦) because all things, that are impressive to the mind, vanish before religion, lose their individuality, are nothing in the eyes of God. The night is the mother of religion.  [13]   Religion is itself the very movement by which man loses his own essence. That which enriches our conception of God makes our understanding of ourselves all the more poorer.  [14]  The two are directly related in that what benefits one deprecates the other. In the mirror house of representation that is religion, a strange shift has occurred the puts the world upside-down. God, the representation, has replace man as representans, that is, as the very source from which the representation was brought forth. Der Mensch dies ist das Geheimnis der Religion vergegenstà ¤ndlicht sein Wesen und macht dann wieder sich zum Gegenstand dieses vergegenstà ¤ndlichten, in ein Subjekt, eine Person verwandelten Wesens; er denkt sich, ist sich Gegenstand, aber als Gegenstand eines Gegenstands, eines andern Wesens. So hier. Der Mensch ist ein Gegenstand Gottes.  [15]   Man this is the secret of religion objectifies his being and then again transforms himself into an object in relation to his own objectification, into a subject, a essence changed into a person; he thinks himself, is object to himself, but as object to an object, another being. There you have it. Man is an object of God.  [16]   As was hinted at in the above, however, Christianity carries within itself a contradiction. According to Feuerbach this contradiction means the end of Christianity itself and has to do with the notion of love. Love was crucial in the story of redemption. In this Biblical narrative man is redeemed in the eyes of God through the sacrifice of Jesus Christ. Jesus had died for our sins in the name of mankind in an act of love and so had brought us into union with God. A harmony had been restored. A new holy light shone upon mankind in which all men were henceforth assured of the love of God. Feuerbach that this was the message and myth central to Christianity; a myth that was still clearly visible after ages of theological corruption. But Feuerbach believed that love did not unify mankind but, instead, divided it into those having Gods grace and those lacking it. The notion of love, central to Christianity, narrowed the conception of who was man and who was not. In practice love had gained a negative meaning; it served to denote the faithful from the heathen.  [17]  Love, then, determined who was to be fought and annihilated. Im Glauben liegt ein bà ¶ses Prinzip, that is, in faith there rests an evil principle.  [18]  Love is, according to Feuerbach, an completely natural and distinctly human instinct. Love is one of the most compassionate, benign, qualities of man. Love serves to bridge the gap between subject and subject; it is by virtue of itself inter-personal. Yet Christianity had managed to pervert love and make it not into a unifying notion, but a dividing one. Christian love, then, furthered particularity and subjectiveness, preventing a higher dialectical union in universal objectivity. Feuerbach had granted love a moral dimension. To love mankind is a moral type of love, to love a single individual is a personal, subjective love.  [19]  The former unifies, the latter divides. For to love a single person is to excluse others from your love. Only universal love of man-as-species is moral. Since love of God is love that is particular it shows itself to be immoral. The love of God deprives mankind from the love of both other human beings and himself as a member of mankind. Christian love is therefore intricately connected not only with the image of those who do not receive it and are the enemy but also with the notion of self-hate. To love God is to alienate that which make you human and thus reduce oneself to something underserving of that very love. This is why the concept of sin in a post-Christian era would not make any sense. Sin exists by virtue of God, a God whom we have granted our most valuable and essential qualities. We are sinfull because we have alienated our essence unto God. To deny God is to reclaim those qualities. Since I cannot be in contradiction with myself, there is not higher authority, I cannot live in sin.  [20]   Christianity is essentailly intolerant and adverse to any true understanding of love. It denies that which it claims is its essence. Christianity, then, in the end, denies itself. This is what Feuerbach meant with the idea that to let Christainity speak for it self is to end it. It is a negativity that negates itself. Love has to be made universal. We should not say, as Feuerbach would have it, God is love, but Love is god.  [21]  God is our own universal nature that we have alienated through religion. Love is synonimous with universality itself. Feuerbach: Die wahre Liebe ist sich selbst genug; sie bedarf keiner besondern Titel, keiner Autorità ¤t. Die Liebe ist das universale Gesetz der Intelligenz und Natur sie ist nichts andres als die Verwirklichung der Einheit der Gattung auf dem Wege der Gesinnung.  [22]   True love is enough by virtue of itself; it needs not special titel, no authority. Love is the universal law of intelligence and nature it is nothing else but the realization of the unity of the species on the road of natural inclination.  [23]   Love is only free when it is universal, unrestrained by particularity. Only then can it serve as the means by which man recognizes himself-as-species. The notion of species is not a cold intellectual thought; the very energy of love, our most human of inclinations, is that which constitues our species-being.  [24]  The historical figure Jesus Christ is therefore nothing else but our species-being represented in a singular image. Since we are all human, and therefore part of humanity, so too are all of us Christ.  [25]   (The emperorss new clothes by Hans Christian Andersson as a metaphor for Stirners Ego and Its own; The Emperor (Feuerbach) is not wearing any clothes!)

Sociocultural Constructivism Theory Essay -- Sociology, Piaget

Chapter 2: Theoretical Framework: Cognitive Constructivism Theory and Sociocultural Constructivism Theory As stated in Chapter I, to create better readers, many reading specialists agree that word study is a developmentally sound approach to providing reading instruction (Bear et al, 2008; Ganske, 2000; Zutell, 1999). Word study is founded on robust evidence-based research on the developmental stages of reading and spelling; however, word study and specifically word sorts have a diminuative amount of scientific evidence as to it success in reading instruction (Boscardin et al, ND). To create an evidence-based study, it is useful to analyze word study using the lenses of cognitive constructivism and sociocultural constructivism theories. In combining these two theoretical frameworks, I will view the WtW reading instruction approach from both the internal cognitive development as well as the external social influences of learning. In Chapter 2, I will succinctly review the principles of each theory and demonstrate how the theories provide an applicable balance for this study. Constructing meaning from an event is an important link to comprehension (Carlisle, 2000; Francis, et al., 1996; NICHD, ND; Rasinski & Oswald, 2005; Williams & Lundstrum, 2007). However, the idea of constructing meaning, or constructivism, is a broad concept with multiple connotations. Two distinct types of constructivism will be the lens for this study, cognitive constructivism and sociocultural constructivism. The two theories are essentially different in that cognitive constructivism posits the internal construction of information as the controlling influence, while sociocultural constructivism posits the external interactions with peers and adults as m... ...ible tool for examining data from this study. Word study’s origin is based on the belief of the student’s constructivism in understanding and comprehending new knowledge by the word study developers, the generalized belief by education specialists that it is the way students learn, its foundational role in teacher preparation programs, and its acceptance of the dynamics within the classroom as playing a role in appropriate instruction. Hence, for this study, it is advantageous to use the constructivism theories of both Piaget and Vygotsky, cognitive and sociocultural, as theoretical frameworks. Together these theories will be the lens for analysis of the data collected within the study. By using both, I am able to examine both the an individual’s internal and external construction of information. In the ensuing chapter, I establish the methodology of this study.

Old Navy and the Infantilization of the American Consumer :: Exploratory Essays Research Papers

Old Navy and the Infantilization of the American Consumer It is certain that the Old Navy store is full of clothes and accessories for all shapes, sizes and genders. Its presupposition, however, is that all shapes, sizes and genders will be of one primary inclination: that of the infant. In front of me as I peruse the Old Navy is a pink purse with metallic flecks infused into its plasticine construction. I find this purse in the "Woman's" section, next to the display rack full of puffy-sleeved t-shirts, whimsically cut blouses, flare pants and lo-rider blue-jeans embroidered with alarmingly cute curlicues. All this is, appropriately enough for a consumer juggernaut like Old Navy, sized to fit the adult woman. What is revealed in the Old Navy is an ideology, objectification of the self-as-consumerist entity, indeed of the child-as-consumer to a patriarchal Capitalism. Althusser asks it this way: Why do [people] "need" this imaginary transposition of their real conditions of existence in order to "represent to themselves" their real conditions of existence? (241) In the case of Old Navy, the answer lies in the combined natures of Capitalism and the infantilist regression it engenders. Capitalist objectification of the self, the subjectification of Althusser, begins with the Old Navy ad. Here, kindly old mother-figures or warm and attractive young women assure us in their slightly lobotomized ways that shopping at the Old Navy is "fun," that their cargo pants are all the rage, that their carpenter jeans are the perfect thing. The representation of the self as Platonic form in the person of the model on the television screen recreates the self as consumer object: [I]t is not their real condition of existence, their real world that "men" "represent to themselves" in ideology, but above all it is their relation to those conditions of existence which is represented to them there. (Althusser 242) Ideology is created by the double-movement of idealization and desire. The model, the idealized Capitalist figure for the self, creates its own ideological structure as a means to selfing, as an objectified desired on the official apparatus of the communication and creation of Capitalist ideology, the television screen: [H]is ideas are his material actions inserted into material rituals which are themselves defined by material ideological apparatus from which derive the ideas of that subject, (Althusser 243) that subject of ideology, that objectified self. Thus the consumer is removed from the self by the ideological system of the Old Navy ad.

The Wild West in the 1800s :: essays research papers

Sanitary conditions in the West were practically non-existent. In the cities, horse manure covered the streets. Housewives emptied garbage, dishwater, and chamber pots into the middle of the city streets where free-roaming pigs devoured the waste. The pigs left their urine and feces on the streets. It was not easy to wash clothes. Many people had clothes splattered with manure, mud, sweat, and tobacco juice. Privies, or necessary houses were often to close to the homes with a very noticeable odor on hot and/or windy days. If a family had a kitchen, all the members washed at the sink each day, without soap, rubbing the dirt off with a coarse towel. Eventually, many cold bedrooms had a basin, ewer (pitcher), cup, and cupboard chamber pot. Bed bugs and fleas covered many of the travelers’ beds. â€Å"Isaac Weld saw filthy beds swarming with bugs.† These insects followed the travelers, crawling on their clothes and skin. Alcohol consumption was at an all time high at the late 1820s. â€Å"Elbridge Boyden, architect and builder, said that alcohol was used as commonly as the food we ate.† It was a symbol of hospitality and fellowship. Drinking and fighting (a knock-down) went together. The violent fights involved â€Å"gouging,† in which a person looses an eye. Early America was sexually active. One third of the brides were pregnant on their wedding day. Sexual relations were a part of courtship. â€Å"Bundling was the custom that allowed couples to sleep on the same bed without undressing.† â€Å"Erastus Worthington, a local historian, noticed the custom in 1828, of females admitting young men to their beds, who sought their company in marriage.† In large cities, prostitution became more common and was priced according to location. Tobacco usage was wide spread because it was cheap, homegrown, and duty free. Short, thick, clay pipes were used, although snuff and powdered tobacco were inhaled.

Law of torts Essay

The word tort is of French origin and is equivalent of the English word wrong, and the Roman law term delict. It is derived from the Latin word tortum, which means twisted or crooked. It implies conduct that is twisted or crooked. It is commonly used to mean a breach of duty amounting to a civil wrong. Definition: a tort is defined as a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation. A tort arises due to a person’s duty to others in generally which is created by one law or the other. A person who commits a tort is known as a tortfeaser, or a wrongdoer. Where they are more than one, they are called joint tortfeaser. Their wrongdoing is called tortuous act and they are liable to be sued jointly and severally. The principle aim of the Law of tort is compensation of victims or their dependants. Grants of exemplary damages in certain cases will show that deterrence of wrong doers is also another aim of the law of tort. OBJECTIVES OF LAW OF TORTS. i. To determine rights between parties to a dispute. ii. To prevent the continuation or repetition of harm e. g. by giving orders of injunction. iii. To protect certain rights recognized by law e. g. a person’s reputation or good name. iv. To restore property to its rightful owner e. g. where property is wrongfully taken away from its rightful owner. CONSTITUENTS OF TORT To constitute a tort or civil injury: 1. There must be a wrongful act or omission. 2. The wrongful act or omission must give rise to legal damage or actual damage and; 3. The wrongful act must be of such a nature as to give rise to a legal remedy in the form of an action for damages. The wrongful act or omission may however not necessarily cause actual damage to the plaintiff in order to be actionable. Certain civil wrongs are actionable even though no damage may have been suffered by the plaintiff. 1. Wrongful act. The act complained of should, under the circumstances be legally wrongful as regards the party complaining, i. e. it must prejudicially affect him in some legal right. This must be an act or an omission. 2. Damage. The sum of money awarded by court to compensate damage is called damages. Damage means the loss or harm caused or presumed to be suffered by a person as a result of some wrongful act of another. Legal damage is not the same as actual damage. Every infringement of the plaintiff’s private right or unauthorized interference with his property gives rise to legal damage. There must be violation of a legal right in cases of tort. The real significance of legal damage is illustrated by two maxims namely: Injuria sine damno and Damnum sine injuria. Damnum is meant damage in the substantial sense of money, loss of comfort, service, health or the like. By injuria is meant a tortuous act. Injuria sine damno. This is the infringement of and absolute private right without any actual loss or damage. The phrase simply means Injury without damage. The person whose right is infringed has a cause of action e. g. right to property and liberty are actionable per-se i. e. without proof of actual damage. Example: Refusal to register a voter was held as an injury per-se even when the favorite candidate won the election Damnum sine injuria This is the occasioning of actual and substantial loss without infringement of any right. The phrase simply means Damage without injury. No action lies. Mere loss of money or moneys’ worthy does not constitute a tort. There are many acts, which though harmful are not wrongful, and give no right of action. i. e. damage without injury. 3. Remedy. The essential remedy for a tort is action for damages, but there are other remedies also e. g. injunction, specific performance, restitution etc. Further, damages claimable in tort action are unliquidated damages. The law of tort is said to be a founded of the maxim- Ubi jus ibi remedium i. e. there is no wrong without a remedy. Other elements of tort In certain cases, the following may form part of requirements for a wrong to be tortuous. 1. Voluntary and involuntary acts: acts and omissions may be voluntary or involuntary. An involuntary act does not give rise to liability in tort. 2. Mental elements: Plaintiff may be required to show some fault on the part of the defendant. Fault here means failure to live up to some ideal standard of conduct set by law. To determine fault, the following may be proved:- a) Malice: In the popular sense, malice means ill-will or spite. In Law, it means i) intentional doing of a wrongful act and, ii) improper motive. b) Intention: i. e. where a person does a wrongful act knowing the possible consequences likely to arise, he is said to have intended that act, and is therefore at fault. c) Recklessness: i. e. where a person does an act without caring what its consequences might be, he is at fault. d) Negligence: i. e. where the circumstances are such that a person ought to have foreseen consequences of his act and avoided it altogether, he would be at fault if he bothers not. e) Motive: Motive is the ulterior objective or purpose of doing an act and differs from intention. 3. Malfeasance, misfeasance and non-feasance: ‘Malfeasance? refers to the commission of a wrongful act which is actionable per-se and do not require proof of intention or motive. „Misfeasance? is applicable to improper performance of some lawful act, for example, where there is negligence. ?Non-feasance? refers to the omission to perform some act where there is an obligation to perform it. Non-feasance of a gratuitous undertaking does not impose liability, but misfeasance does. Distinctions between Contract and Tort. 1. In a contract the parties fix the duties themselves whereas in tort, the law fixes the duties. 2. A contract stipulates that only the parties to the contract can sue and be sued on it (privity of contract) while in tort, privity is not needed in order to sue or be sued. 3. In the case of contract, the duty is owed to a definite person(s) while in tort, the duty is owed to the community at large i. e. duty in- rem. 4. In contract remedy may be in the form of liquidated or unliquidated damages whereas in tort, remedies are always unliquidated. Distinctions between Tort and Crime 1. In tort, the action is brought in the court by the injured party to obtain compensation whereas in crime, proceedings are conducted by the state. 2. The aim of litigation in torts is to compensate the injured party while in crime; the offender is punished by the state in the interest of the society. 3. A tort is an infringement of the civil rights belonging to individuals while a crime is a breach of public rights and duties, which affect the whole community. 4. Parties involved in criminal cases are the Prosecution verses the Accused person while in Torts, the parties are the Plaintiff versus the Defendant. GENERAL DEFENSES IN TORT Generally, a plaintiff has to prove his case in a court of law and if he does so successfully, judgment is passed against the defendant. The defendant on the other hand may defend the case against himself successfully, thus making the plaintiff’s action fail. There are some general defenses which may be taken to tortuous liability. 1. Volenti Non fit Injuria The general rule is that a person cannot complain for harm done to him if he consented to run the risk of it. For example a boxer, foot baler, cricketer, etc.cannot seek remedy where they are injured while in the game to which they consented to be involved. Where a defendant pleads this defense, he is in effect saying that the plaintiff consented to the act, which he is now complaining of. It must be proved that the plaintiff was aware of the nature and extent of the risk involved. There are however some limitations to the application of the maxim of volenti non fit injuria: -First, no unlawful act can be legalized by consent, leave or license. -Secondly, the maxim has no validity against an action based on breach of statutory duty. -Thirdly, the maxim does not apply in rescue cases such as where the plaintiff has, under an exigency caused by the defendant’s wrongful misconduct, consciously and deliberately faced a risk, even of death to rescue another from imminent danger of personal injury or death, whether the person endangered is one to whom he owes a duty of protection as in a member of his family, or is a mere stranger to whom he owes no such special duty. -Fourthly, the maxim does not apply to cases of negligence. -Lastly, this maxim does not apply where the act of the plaintiff relied upon to establish the defense under the maxims the very act which the defendant was under a duty to prevent. 2. Inevitable Accident. This means an accident, which cannot be prevented by the exercise of ordinary care, caution or skill of an ordinary man. It occurs where there is no negligence on the part of the defendant because the law of torts is based on the fault principle; an injury arising out of an inevitable accident is not actionable in tort. 3. Vis Major (ACT OF GOD). This is also an inevitable accident caused by natural forces unconnected with human beings e. g. earthquake, floods, thunderstorm, etc. 4. Necessity: Where intentional damage is done so as to prevent greater damage, the defense of necessity can be raised. Sometimes a person may find himself in a position whereby he is forced to interfere with rights of another person so as to prevent harm to himself or his property. The general rule is that a person should not unduly interfere with the person or property of another. It is only in exceptional cases of imminent danger that the defense of necessity maybe upheld. It is based on the principle that the welfare of the people is the supreme law. Whether the defense of necessity would extend to inflicting injuries to the person is debatable. 5. Self Defense Everyone has a right to defend his person, property and family from unlawful harm. A person who is attacked does not owe his attacker a duty to escape. Everyone whose life is threatened is entitled to defend himself and may use force in doing so. The force used must be reasonable and proportionate to that of the attacker. Normally, no verbal provocation can justify a blow. An occupier of property may defend it where his right or interest therein is wrongfully interfered with. However, in protecting one’s property, he cannot do an act which is injurious to his neighbour; neither can he adopt a course which may have defect of diverting the mischief from his own land to the land of another person which would otherwise have been protected. 6. Mistake The general rule is that a mistake is no defense in tort, be it a mistake of law or of fact. Mistake of fact, however, maybe relevant as a defense to any tort in some exceptional circumstances e. g.malicious prosecution, false imprisonment and deceit. Thus where a police officer arrests a person about to commit a crime but the person arrested turns out to be innocent the police officer is not liable. Mistake however, cannot be a defense in actions for defamation. 7. Statutory Authority When the commission of what would otherwise be a tort, is authorized by a statute the injured person is remediless, unless so far as the legislature has thought it proper to provide compensation to him. The statutory authority extends not merely to the act authorized by the statute but to all inevitable consequences of that act. But the powers conferred by the legislature should be exercised with judgment and caution so that no unnecessary damage is done, the person must do so in good faith and must not exceed the powers granted by the statute otherwise he will be liable. 8. Novus Actus Interveniens. This is when a chain of events results from a tort so that the loss suffered is not within the scope of those that would naturally occur from the first tort. To refer to a novus actus interveniens is in fact merely another way of saying that the loss was not reasonably foreseeable. This however, does not become an excuse if: – a). An act done in the agony of the moment created by the defendants tort. E. g. If you threw a lighted firework into a crowded market place. Several people threw the firework from their vicinity until it explodes on another? s face. b). Where the intervening act is a rescue. 9. 9 Contributory negligence The defendant may rely upon this defense if the plaintiff is also to blame for his suffering. The defendant must prove that: – The plaintiff exposed himself to the risk by his act or omission. – The plaintiff was at fault or negligent. – The plaintiff’s negligence or fault contributed to his suffering. This defense does not absolve the defendant from liability. It merely apportions compensation of damages between the parties who contributed to the loss. This defense is not available if the plaintiff is a child of tender age. TRESPASS Trespass as a wrong has a very wide application. It could mean unlawful presence in another’s closure or land or premises, offence to the body of a person or even mean wrongful taking of goods or chattels. To constitute the wrong of trespass, neither force nor unlawful intention not actual damage nor breaking of an enclosure is necessary. Every invasion of private property, be it ever so minor is a trespass. Trespass may take any of the following three forms: a) Trespass to land. b) Trespass to person, and; c) Trespass to goods. TRESPASS TO LAND Trespass to land may be committed by any of the following acts: – a) Entering upon the land or property of the plaintiff b) Continuing to remain in such land or property on expiry of license i. e. Permission to be in it. c) Doing an act affecting the sole possession of the plaintiff, in each case without justification. d) By throwing objects into another’s land. e) By using the right of entry for purposes other than for which it was allowed. Generally, trespass to land is a civil wrong. However it may give rise to criminal proceeding; It is important to note that trespass to land is actionable per se, that is, without proof of special damage. In other words, it is not a defense that no damage has been caused by the trespass. Remedies for Trespass to land. 1. Defense of property: He may have to use force till he gets possession but not unnecessary amount of force of violence. This is called remedy of ejection. 2. Expulsion of trespasser especially in case of continued trespass. 3. Distress damage feasant: He may seize and retain them impounded as a pledge for the redress of the injury sustained. 4. Damages: This means recovery of monetary compensation from the defendant. 5. Injunction: This may be obtained to ward off a threatened trespass or to prevent a continuing trespass. 6. Action for recovery of Land: In case the plaintiff is wrongfully dispossessed of his land he can sue for the recovery of the land from the defendant. Defenses against Trespass on land. i. Statutory authority: Where the law allows entry upon land. ii. Entry by license: Where entry is authorized by land owner, unless authority is abused. iii. Adverse possession: Where land has been peacefully possessed for over 12 years without disturbance. iv. Act of Necessity: Example is entry to put off fire for public safety is justifiable. v. By order of court of law: This may be in execution of court order e. g. by court brokers. vi. Self-defense: a trespasser may be excused as having been done in self-defense or in the defense of a person’s goods, chattels or animals. vii. Re-entry on land: A person wrongfully dispossessed of land may re-take possession of it if it? s possible for him to do so peacefully and without the use of force. In this case, he will not be liable for trespass to land. viii. Re-taking of goods and chattels: if person unlawfully takes the goods and chattels of another upon his own land, he impliedly licenses the owner of the goods to enter his land for the purpose of recaption. TRESPASS TO PERSON Any direct interference with the person (body) of another is actionable in the absence of any lawful justification. Trespass to person includes assault, battery and false imprisonment. Assault Assault means conduct or threat to apply violence on the person of the plaintiff in circumstances that may create apprehension that the latter is in real danger. It is committed when a person threatens to use force against the person of another thus putting the other person in fear of immediate danger. Examples: Shaking of fist, pointing of a gun menacingly at another, letting go a dog fiercely etc. It is important to note that not every threat amounts to assault. There must be the means of carrying out the threat and the capacity to effect the threat. The person threatened must be put in fear of immediate danger. An assault is a tort as well as a crime. The intention as well as the act makes assault. Mere words do not amount to assault unless it gives the user? s gesture such a meaning as may amount to assault. Battery Battery means the actual application (use) of force against the person of another without lawful justification. It is immaterial whether the force is applied directly or indirectly to the person. But there must be actual bodily contact between the plaintiff and the defendant. Examples: – striking of another person or touching another person in a rude manner, pouring water on or spitting on another person. Assault and battery is actionable per-se (damage does not have to be proved). False Imprisonment False imprisonment means total restraint or deprivation of the liberty of a person without lawful justification. The duration of the time of detention is immaterial. False imprisonment may be committed even without the plaintiff’s knowledge e. g. by locking him up in his bedroom while he is asleep and then reopening the door before he has awoken. In such a case the plaintiff may still sue. It is not however necessary that the person’s body should be touched. A person is not only liable for false imprisonment when he directly arrests or detains the plaintiff, but also when he actively promotes or causes the arrest or detention of the person. Defenses to assault battery & false imprisonment a). Volenti non-fit injuria: A person who has voluntarily consented to come into actual bodily contact with another e. g. in sports, etc cannot later complain against another person who touches him in the course of playing the game. b). Private defense: A person is within his legal rights to defense himself, his property or his family. But he must use reasonable force in doing so. c). Legal authority: A police officer has statutory authority to arrest a person in the preservation of public peace. Here reasonable force may be used to effect such arrest. d). Forceful entry; The rightful owner of property is entitled to use reasonable force to prevent forcible entry on his land or to repossess his land or goods, which are wrongfully in the possession of another. e). Parental authority: People such as parents, teachers, etc can inflict reasonable punishment for the correction and benefit of the children. Thus a parent exercising parental authority can chastise or even lock-up a child reasonably without being guilty of assault, battery or false imprisonment , nor would a school-teacher. TRESPASS TO GOODS A person can sue for trespass to goods where there is wrongful interference with goods, which are in his possession. Such interference includes wrongful conversion, actual taking of or a direct and immediate injury to the goods. The tort of trespass to goods is meant to protect personal property. To constitute the tort of trespass to goods, the plaintiff must show: – 1. That at the time of trespass, he had the possession of the goods. 2. That his possession had been wrongfully interfered with or disturbed. Trespass to goods are of three categories namely: – 1. Trespass to chattels. 2. Goods Detenue and; 3. Conversion. Trespass to Chattels It means interference with goods, which are in the actual or constructive possession of the plaintiff. It may involve: – Removal of goods from one place to another, – Using the goods or; – Destroying or damaging the goods wrongfully. For an action to be sustainable: – The trespass must be direct. – The plaintiff must be in possession of the chattel at the time of the interference. – The tort is actionable per-se. Detenue This means wrongful withholding or detention of goods from the person entitled to their immediate possession. For example: If A lends his book to Band B refuses, to return it to A, A is said to have committed the tort of Detenue. Conversion This means dealing with goods in a manner that is inconsistent with the right of the person in possession of them. This tort protects a person’s interest in dominion and control of goods. The plaintiff must be in possession or have the right to immediate possession. For example: If A intentionally sells B’s goods to C without any authority from B, A is guilty of conversion. Acts of conversion may be committed when property is wrongfully taken, parted with, sold, retained, destroyed or the lawful owner’s right is denied. Defenses to trespass to goods. Limited defenses are available to a defendant against a wrong to goods. The defendant, however, can claim the right of lien. He may also claim other general defenses like statutory or judicial authority. Remedies to trespass to goods. i. Recaption: The plaintiff can recapture his goods that have been wrongfully taken away from him provided he uses reasonable force. ii. Order for specific restitution: The court may also order for specific restitution of the goods where damages is not adequate a remedy. iii. Damages: The plaintiff is entitled to claim the full value of the goods and damages for any inconvenience suffered by him. OCCUPIERS LIABILITY At common law, an occupier owns a common duty of care to his invites or invitee while within their premises and is generally liable for any injury to them or damage to their goods by reason of condition to their premises. The law relating to occupiers liability in Kenya is contained in the Occupiers Liability Act Cap 34 laws of Kenya. The object of the Act was to amend the law relating to liability of occupiers and to others for injury or damages resulting persons or goods lawfully on any land or other property. Under the Act, an occupier owes a common duty of care to all invitees and their goods. However the common duty of care may be modified or restricted by agreement. The occupier is not liable where the accident occurs through the defective work of an independent contractor provided he can establish that the contractor was efficient as far as he was able and that he had inspected the work done. Defenses An occupier may escape liability if the injury or damage is occasioned by danger of which the occupier had warned the invitee. The occupier may escape liability in respect of any damages caused to the invitee if occasioned by the fault of an independent contractor. The common duty of care does not impose on an occupier any obligation in respect of risks willingly accepted by the invitee. The occupier owes no common duty of care to trespassers and is not liable for any injury or damage they may suffer while in his premises. NEGLIGENCE Negligence means the breach of a duty caused by the omission to do something, which a reasonable man would do, or doing of something, which a prudent and reasonable man would not do. Negligence consist of neglect to use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill, by which neglect, the person has suffered injury to his person or property. The plaintiff suing under tort of negligence must prove that: 1. The defendant owed him a duty of care, The circumstances must be such that the defendant knew or reasonably ought to have known that acting negligently would injure the plaintiff. A road user owes other users a legal duty of care. An inviter owes his invitees a legal duty of care. A manufacturer of products owes a legal duty of care to consumers. As a general rule, every person owes his neighbor a legal duty of care. The standard of care expected of the defendant is that of a reasonable man. This is a man of ordinary prudence. A reasonable person is an objective stand created by law for all circumstances. Where professionals or experts are involved, the standard of care is that of a reasonably competent expert in that field. There are some circumstances however where not even a reasonable person could have foreseen the plaintiff suffering any loss, in which case, there is no liability upon the person who has committed the injurious act. 2. There has been a breach of that legal duty of care. The plaintiff has to prove that there was a duty imposed by common law, statute or otherwise, upon the defendant and that the defendant was in breach of this duty. However, at certain times, negligence is presumed without proof of breach of duty by the plaintiff. This is in the case of res-ipsa loquitor. RES IPSA LOQUITOR As a general rule, the burden of proving negligence lies with the plaintiff. He must prove that the defendant owed him a duty of care, that the defendant has breached that duty and that he has suffered damage. However, in certain cases, the plaintiff’s burden of proof is relieved by the doctrine of res ipsa loquitor. Where it is applicable Res ipsa Loquitor means that ‘thing or facts speaks for themselves’. This for example, occurs where an accident happens in circumstances in which it ought not to have occurred e. g.a car traveling on a straight road in clear weather and good visibility suddenly swerves off the road and overturns, where a barrel of flour suddenly drops from a warehouse, etc. Such an accident ought not to have occurred except for the negligence of the defendant. Res ipsa loquitor is a rule of evidence and not of law. It merely assists the plaintiff in proving negligence against the defendant. Before it can be relied upon, three conditions must be satisfied, namely: a) The thing inflicting the injury must have been under the control of the defendant or someone whom he controls. b) The event must be such that it could not have happened without negligence and; c) There must be no evidence or explanation as to why or how the event occurred, as the accident is such as in the ordinary course of things does not happen if those who have the duty use proper care. 3. Damage: For the plaintiff to succeed in claim of Negligence, he must prove that he suffered harm, loss or prejudice, unless this is presumed as in the case of Injuria sine damnum. No damage, no negligence. Defenses to Negligence 1. Contributory negligence: This defense is available to the defendant in circumstances in which the plaintiff is also to blame for his suffering. The effect of this defense is to reduce the amount recoverable by the plaintiff as damages by the extent of his contribution. Liability is apportioned between the parties. 2. Volenti non fit injuria: This is the doctrine of voluntary assumption of risk. 3. Statutory authority: The defendant must prove in this defense that he acted in accordance with the provisions of the Act. VICARIOUS LIABILITY Vicarious liability means the liability of one person for the torts committed by another person. The general rule is that every person is liable for his own wrongful act. However, in certain cases a person may be made liable for wrongful acts committed by another person. For example: An employer may be held liable for the tort of his employees. Similarly, a master is liable for any tort, which the servant commits in the course of his employment. The reason for this rule of common law is that: As the master has the benefit of his servant’s service he should also accept liabilities. The master should be held liable as he creates circumstances that give rise to liability. The servant was at mere control and discretion of the master. Since the master engages the servant, he ought to be held liable when gagging a wrong person. The master is financially better placed than the servant. It must be proved that a person was acting as a servant and that the said tort was committed in the course of his employment before a master can be sued for a tort committed by his servant. MASTER AND SERVANT A servant means a person employed under a contract of service and acts on the orders of his master. The master therefore controls the manner in which his work is done. The concept of vicarious liability is based on the principle of equity that employee is normally people of meager resources and it is therefore only fair that the injured person is allowed to recover damages from the employers. Therefore a master is liable for the torts committed by his servant. To prove liability under master-servant relationship the servant must have acted in the course of his employment A master is liable whether the act in a question was approved by him or not. It is immaterial that the alleged act was not done for the benefit of the master. But the master is not liable for torts committed beyond the scope of employment. INDEPENDENT CONTRACTOR An independent contract means a person who undertakes to produce a given result without being controlled on how he achieves that result. These are called contract for service. Because the employer has no direct control of him, he (the employer) is not liable for his wrongful acts. a) However, there are certain cases (exception) under which the employer may still be liable. These are: – a). Where the employer retains his control over the contractor and personally interferes and makes himself a party to the act, which causes the damage. b) b). Where the thing contracted is in itself a tort. c) c). Where the thing contracted to be done is likely to do damage to other people’s property or cause nuisance. d) d). Where there is strict liability without proof of negligence STRICT LIABILITY Strict liability means liability without proof of any fault on the part of the wrongdoer. Once the plaintiff is proved to have suffered damage from the defendant’s wrongful conduct, the defendant is liable whether there was fault on his part or not. Strict liability must be distinguished from absolute liability. Where there is absolute liability, the wrong is actionable without proof of fault on the part of the wrong-doer and in addition, there is no defense whatsoever to the action. Where there is strict liability, the wrong is actionable without proof of fault but some defenses may also be available. Defenses i. Acts of God: Act of God is a good defense to an action brought under the rule. ii. Plaintiffs’ Fault: If the escape of the thing is due to the fault of the plaintiff, the defendant is not liable. This is because the plaintiff has himself brought about his own suffering. iii. Plaintiff’s consent or benefit: That the accumulation or bringing of the thing was by consent of the plaintiff. iv. Statutory authority: That the thing was brought into the land by requirement of an Act of parliament. v. Contributory negligence: if the plaintiff was also to blame for the escape. vi. Wrongful act of third party: the defendant may take the defence of the wrongful acts of a third party though he may still be held liable in negligence if he failed to foresee and guard against the consequences to his works of that third party’s act. DEFAMATION Defamation means the publication of a false statement regarding another person without lawful justification, which tends to lower his reputation in the estimation of right thinking members of society or which causes him to be shunned or avoided or has a tendency to injure him in his office, professions or trade. It has also been defined as the publication of a statement that tends to injure the reputation of another by exposing him to hatred, contempt or ridicule. Following are the essential elements of defamation: – i. False statement: The defendant must have made a false statement. If the statement is true, it’s not defamation. ii. Defamatory statement: The statement must be defamatory. A statement is said to be defamatory when it expose the plaintiff to hatred, contempt, ridicule or shunning or injures him in his profession or trade among the people known to him. iii. Statement refers the plaintiff: The defamatory statement must refer to the plaintiff.