Wednesday, October 30, 2019
Happy Endings Essay Example | Topics and Well Written Essays - 750 words - 2
Happy Endings - Essay Example attempts to summarize all the possibilities about the affair between two couples: John-Mary and Fred-Madge in a number of six differently outlined simple plots with common endings that ââ¬Å"John and Mary die. John and Mary die. John and Mary die.â⬠(Atwood, ââ¬Å"Happy Endingsâ⬠) Such simplistic summarization obviously provides Atwood with more legibility to comment on the portrayal of male-female relationship in Atwoodââ¬â¢s contemporary fictions or literatures. Atwoodââ¬â¢s emphasis on John and Maryââ¬â¢s death hitches her readers down to earth and to reality obviously. It is the reality, in which John (generalization of husband) and Mary (generalization of wife) love each other; sometimes they betray each other. When women like Mary dies lovelorn, other women like Madge revels in love and vice versa. It is the very reality in which some Johns (husbands) love their wives fabulously; some other Johns seduce women for sex. Somewhere else, other Johns swindle their wives. Atwood suggests that the plots in traditional literary works are either these or those: ââ¬Å"Thats about all that can be said for plots, which anyway are just one thing after another, a what and a what and a what.â⬠(Atwood, ââ¬Å"Happy Endingsâ⬠) But according to Atwood, what is wrong with this ââ¬Å"a what and a what and a whatâ⬠type of plot is that it does not provide the readers with much scope to ask a question, ââ¬Å"Why and how?â⬠(Atwo od, ââ¬Å"Happy Endingsâ⬠) Therefore Atwoodââ¬â¢s narrator in the story ââ¬Å"Happy Endingsâ⬠ultimately comes up with the suggestion to interpret how and why the caricatured plots in her story are different though the endings are the same. Indeed Atwoodââ¬â¢s suggestion to ââ¬Å"try how and why?â⬠provides her story with extra feminist dimension. Notably in the story, Option A continues to be happy from the beginning to the end. But some characters in other options are not always happy, though they are happy at the end of the story. It is noteworthy to interpret why and how John
Sunday, October 27, 2019
Parent-Child Communication Throughout Adolescences
Parent-Child Communication Throughout Adolescences Denise Moonà The professional area of psychology this article represents is Developmental Psychology which can be defined as scientific study on how human beings develop during the course of their life span. The subject matter of this particular article focuses on developmental changes in parent-child communication throughout adolescences. Psychology professionals throughout this paper such as counselors at school, family youth counselings and social service workers advise will be used to assist on giving support on how to much sure parents and their teen s learn to communicate effectively. This paper will show the advantages of parent-child communication and how important it is to ensure parents and teens have an effective and close relationship. Communication can play a key factor for an adolescences and parent relationship. It is so vital that parents keep an effective line of communication with their child as well as when they reach teenagers. It is essential that parents keep a loving positive relationship with their child from early childhood to adolescents. During early adolescence it is essential that young teens feel comfortable having a conversation and discussing daily plans and private issues with their parents. Adolescences want to be able to communicate with someone they feel they can trust and not be judged all the time. Often parents feel uncomfortable talking to their teenager about certain things just as the teen does. As stated by Lippold, Duncan, Coatsworth, Nix Greenberg (2015 p. 1671), Interventions to improve mindful parenting may be one avenue to promote parent-adolescent communication during early adolescence. The psychological theoretical perspectives presented in this paper focuses on how the developmental changes in parents and child communication carries on from early childhood until middle or to late adolescents. Communication with your child early on their life gives parents a greater chance at forming a close relationship where the young teen feels comfortable opening up and talking with their parent. It is imperative to a teenager that the parent is actually listening to what they are saying as well as valuing their opinion. It can really mean a lot to a young teen to feel like what theyre saying is important. As a parent it is essential to take out the time and not interrupt the young teen until youve heard everything they have to say before passing judgment. It is vital that parents know how much communicating with their adolescences child could prevent their child from committing suicide, using drugs and many other issues that young teens face in todays society. Communicating with young adolescences can open many doors and opportunities to form a positive as well as loving relationship between parent and child. This also gives parents a chance to gain their childs trust. Teens in todays society have to face many issues in school today such as peer pressure which can cause them to become depressed and go through a deep depression which often leads to teen suicide. According to King Vidourek (2012 p. 15), Research clearly indicates family connectedness helps to prevent suicide even if teens are socially isolated from peers. According to Shireen, Janapana., Rehmatullah, Temuri Azim (2014 p.206), Suicide is the third leading cause of death for people aged 15-24 in the USA. Social Media has also become a major factor in the lives of many young teens today. Many teens have to deal with the cyber bullying and other issues that are out there now on the internet. Having a positive line of communication with your child allows you to be able to discuss with them all the advantages and disadvantage of being able to do things online. Communicating with the teen will allow them to feel like they can talk to their parents about the problems they having on social media and any other issues they may be facing,. Many teens commit suicide because they feel all alone and feel like they have no one who understands how they truly feel inside. According to Willard, (2006 p. 54), Cyber bullying may include sending or posting harmful material or using digital technology to inflict social cruelty on victims. In conclusion showing your adolescent teenager love and respect can allow a parent to open up those lines of communication and start a great relationship with their child. Communicating and listening to your young teen can play a major part in the teens life. Parenting is hard work and times have definitely changed since the nineteen eighties. Teenagers in todays society are faced with many challenges that can be solved through effective communication between parent and child. It is essential that parents allow their child to have some privacy but at the same time parents have to ensure their young teen that as a parent they will be there for them with listening ears whenever they need to talk about anything. References King, K. A., Vidourek, R. A. (2012). Teen Depression and Suicide: Effective Prevention and Intervention Strategies. Prevention Researcher, 19(4), 15-17. Lippold, M., Duncan, L., Coatsworth, J., Nix, R., Greenberg, M. (2015). Understanding How Mindful Parenting May Be Linked to Mother-Adolescent Communication. Journal of Youth Adolescence, 44(9), 1663. doi:10.1007/s10964-015-0325-x Shireen, Janapana., Rehmatullah, Temuri Azim (2014). Trauma experience of youngsters and Teens: A key issue in suicidal behavior among victims of bullying?. Pakistan Journal Of Medical Sciences, 30(1), 206. doi:10.12669/pjms.301.4072 Willard, N.E. (2006). Cyber bullying and cyberthreats: Responding to the challenge of online social cruelty, threats and distress (2nd ed.). Eugene, OR: Center for Safe and Responsible
Friday, October 25, 2019
Classical vs. Operant Conditioning :: essays research papers
Classical conditioning and operant conditioning are different learning methods. The two methods have the word conditioning in common. What is conditioning? Conditioning is the acquisition of specific patterns of behavior in the presence of well-defined stimuli. Both classical and operant conditioning are basic forms of learning. Classical conditioning is a type of learning in which an organism learns to transfer a natural response from one stimulus to another, previously neutral stimulus. Manipulating reflexes does this. Operant conditioning is a type of learning in which the likelihood of a behavior is increased or decreased by the use of reinforcement or punishment. Operant conditioning deals with more cognitive thought process. These two forms of learning have similarities and differences. Their similarities are that they both produce basic phenomena. One such phenomenon is acquisition. Both types of conditioning result in the inheritance of a behavior. One of the most famous of experiments that illustrates classical conditioning is Pavlov's Dogs. In this experiment, Pavlov sat behind a one-way mirror and controlled the presentation of a bell. The bell was the conditioned stimulus. A conditioned stimulus was an originally neutral stimulus that could eventually produce a desired response when presented alone. Directly after the ringing of the bell, Pavlov gave the dog food. The food was the unconditioned stimulus. This means that the food caused an uncontrollable response whenever it was presented alone. That response would be the salivation of the dog. A tube that was in the dog's mouth then measured the saliva. When the unconditioned stimulus (US) was paired with a conditioned stimulus (CS), it eventually resulted in a conditioned response. Extinction results if there is a decrease in frequency or strength of a learned response due to the failure to continue to pair the US and the CS. Extinction can also occur in operant conditioning. The key to operant conditioning is reinforcement. Reinforcement is when a stimulus is presented that increases the probability that the preceding response will recur in the future. If reinforcement is withheld, extinction will occur in operant conditioning. Another factor that is involved in conditioning is spontaneous recovery. That is the reappearance of an extinguished response after the passage of time, without further training. If Pavlov's dogs did not hear the bell for a few years, and if when they heard it later they drooled, it would be an example of spontaneous recovery. Something similar occurs with operant conditioning.
Thursday, October 24, 2019
Reasons for Change
Lowes is one of several organizations well known as a home store which, draws customers thatââ¬â¢s homeowners interested in do it yourself home projects or contractors. According to research Lowes has employed over 238,000 people, with the economy taking a turn for the worst Lowes was also affected. Which caused them to lay off over 1,700 employees in 2010. Many were in manager positions that had been with the company for years and was hired during a time when business was booming.Lowes decided by laying off full time higher paid employees that it would benefit the organization as a whole by replacing them with part time employees. Lowes intended on hiring 8,000 to 10,000 part time sales associates between the 1,725 stores statewide. These workers would be paid less due to their positions being entry level for instance sales associates that would be paid a lot less. Part time employees would not be entitled to any benefits such as: health insurance, 401k, retirement, and etc.Altho ugh, most Lowes would possibly lose one manager position the store would be given 4-8 part time workers to compensate for the loss. The manager that lost their jobs would be compensated by receiving severance pay and assistance with job placement. Those workers that wasnââ¬â¢t laid off witness how some employees received pay cuts depending on their position. One of Lowes competitor is Home Depot which was placed in and unfortunate situation that led them to laying off many employees. This lead to them letting go full time employees and replacing them with part time associates that was paid less.As a result Home Depot received a lot of back lash due to this decision. Lowes was advised to pay close attention to how their customers react to the many changes. Because, the changes made within the organization will affect employees and customers. Lowes took a chance on downsizing and reconstructing which had a 46% success rate according to research (Leban & Stone,2008). By Lowes making these changes it allowed them the opportunity to lay off higher paid employees while replacing them with lower paid sales associateââ¬â¢s within the organization.The purpose for this change was to save the organization money while continuing to accommodate their customers by maintain good customer service. Another reason Lowes felt it was essential to make changes within the organization was because, of the economy and the downturn that effected the construction industry. Lowes receiving over half of their business from construction industry so when business slows up so does Lowes. Some of Lowes customers are homeowners also which was affected by the turn in the economy which caused them to do fewer home repairs.Lowes organizational change could have been categorized by total quality management. Lowes began to focus mainly on the sales associates and how they interacted with the customers. Due to the middle managers not previously playing a major role within the organization. Lo wes decided that the middle managers thatââ¬â¢s not managing a department or currently working on the floor that remained on with them was instructed to monitor the sales associates. The organization strategy was to hire more part time workers to better serve their customers while building a rapport while becoming a asset to the organization.When reconstructing and downsizing, quality management driven change will work well due to the success rate being 37% ( Leban & Stone, 2008). With the economy going downhill it would benefit Lowes to increase their prices however, it may not be wise at this time. Although, changes would be essential to too save money within the organization. Once Lowes made major changes within the organization they increased its quarterly profit by 17% from the previous year (Portillo,2011). According to research within the first 9 months in 2005 profits increased by 3.5% (Portillo, 2011).One must question how Lowes was able to lay off some of their full tim e managers and hire many more part time workers. This change occurred when the economy was bad and a lot of people had already lost their jobs. Lowes was looking for a way out that would benefit their organization as a whole. Their solution was done with hopes of saving money while increasing profits. This change has made a difference thus far and hopefully in the near future they will be able to promote part time employees and offer benefits.
Wednesday, October 23, 2019
A forecasting method Essay
1. Which of the following barometric indicators would be the most helpful for forecasting future sales for an industry? 2. The use of quarterly data to develop the forecasting model Yt = a +bYtâËâ1 is an example of which forecasting technique? 3. Consumer expenditure plans is an example of a forecasting method. Which of the general categories best described this example? 4. The type of economic indicator that can best be used for business forecasting is the: 5. An example of a time series data set is one for which the: 6. If two alternative economic models are offered, other things equal, we would 7. European Union labor costs exceed U.S. and British labor costs primarily because 8. If Ben Bernanke, Chair of the Federal Reserve Board, begins to tighten monetary policy by raising US interest rates next year, what is the likely impact on the value of the dollar? 9. If the British pound (â⠤) appreciates by 10% against the dollar 10. An appreciation of the U.S. dollar has what impact on Harley-Davidson (HD), a U.S. manufacturer of motorcycles? 11. Companies that reduce their margins on export products in the face of appreciation of their home currency may be motivated by a desire to 12. In an open economy with few capital restrictions and substantialà import-export trade, a rise in interest rates and a decline in the producer price index of inflation will 13. Trading partners should specialize in producing goods in accordance with comparative advantage, then trade and diversify in consumption because 14. Marginal revenue product is defined as the amount that an additional unit of the variable input adds to ____. 15. The marginal product is defined as: 16. Which of the following is never negative? 17. The combinations of inputs costing a constant C dollars is called: 18. The marginal rate of technical substitution may be defined as all of the following except: 19. Marginal factor cost is defined as the amount that an additional unit of the variable input adds to ____. 20. If TC = 321 + 55Q ââ¬â 5Q2, then average total cost at Q = 10 is: 21. The cost function is: 22. What method of inventory valuation should be used for economic decision-making problems? 23. For a short-run cost function which of the following statements is (are) not true? 24. According to the theory of cost, specialization in the use of variable resources in the short-run results initially in: 25. ____ are defined as costs which are incurred regardless of the alternative action chosen in a decision-making problem.
Tuesday, October 22, 2019
Death1 essays
Death1 essays Death: Good for the Dead, Bad for the Dying, and Worse for Those It Leaves Behind My whole life, death has been a distant thing to me. It is not even really a thing, but more of an idea. I have heard about death millions of times with the media. Everyday in the news, people are dying left and right with disease in the foreign countries, famine in distant lands, and even murder in the suburbs. I even heard about it a few times from my friends when they told me about their recent loses. With all of these stories of "tragedy" and awful accidents, I never felt any emotion. The news reporter's sympathy for these victims was not convincing enough to make me think that something tragic had happened, or my elementary school friend did not understand the situation himself in order to feel pain. If something was truly awful about the story, it was too far away for me to consider it a reality. When I was about eight years old, I experienced the first death in my family. My father's sister had died and my he got a call soon after. I was in the room when the phone rang and my dad answered the phone. He first sounded excited to hear the voice on the other end, but that happiness soon turned to devastation. His only sister had passed away and he began to cry. My father is not a crying man, and he soon regained his composure and finished the conversation. He was able to put his sadness aside and tend to business. This was a very small event, but it had a large impact on me and helped shape my ideas about the idea of death. The way that I saw my father handle this so-called tragedy gave me the impression that life was almost like a movie. What goes on in the movie might be sad or scary or whatever, but it is not a big deal. We just need to get over the emotion because the movie is still playing and something different is happening now. The reason that this event w as not a tragedy to me is that it was extremely distant from ...
Monday, October 21, 2019
Free Essays on School
Starting school for the first time was one of the saddest days of my life. My parents realized that a pathway had to begin and the time came for the endeavor. The final result of the task at hand was to obtain a high school diploma. To obtain a high school diploma would revert those sad days to a happy occasion and a great accomplishment. The importance of a student to obtain a high school diploma is the completion of primary school, middle school and high school. Primary school was the foundation building for my life. The adjustment of being away from home for a long period of time had a great effect on me. Even though I possessed an exceptional trait in socialization; I still felt alone. The teachers always expressed the importance of learning on the primary level. I was told to focus on each grade separately because each level builds upon the other. The teacher build on those essential things like spelling, building a vocabulary, learning to read and count, exploring our space, learning to discover North Carolina and social traits. These essentials were necessary on the primary school level. By the end of the primary school level I had accomplished the reading, writing, math, science, social studies and social traits. Then I was prepared for the second phase of the foundation building. Elementary school was a faster pace and more challenging. I was enlighten with development of grammar skills, reading and oral book reports, building vocabulary, introduction of algebra, and learning about the Civil War and the discovery of America. I had to establish better study habits, prepare for test and complete assignments. Organization played a role in this process. The teachers were limited in time and they were working within the time frame given. At this level, time played an important role for completing the courses. The writing, battery and other state tests utilized was a time element. The thought of giving up on... Free Essays on School Free Essays on School As seen many times so far, Boston represents itself again as a city dealing with various issues, one of them being the problem of integrating minorities within the cityââ¬â¢s white community. At a time when one of the Diverââ¬â¢s sons is ready to go to school, Colin and Joan Diver ââ¬â as many other families ââ¬â have to realize that segregation as well as desegregation is cot only a problem they come across with in their jobs, but also in their every day lives. Hence, by the 1960s the public schools had gone so bad and hostile that parents were taking their kids out of school, searching for educational alternatives. A group was formed, called ââ¬Å"Friends of the Mackeyâ⬠, in which parents got together, building a new school out of an old school, called Mackey. Not only did they help to build the school, but they also helped the principal and staff with whatever they could possibly do in order to add to their children receiving a good education. By forming the ââ¬Å"Mackey Parentsââ¬â¢ Associationâ⬠they also created a more demanding, more aggressive group, which would come together once heavier issues concerning the Mackey were concerned. The school favored an ââ¬Å"open educationâ⬠, which focused on the children as being individuals, doing what they want to do and with the teacher being less an authority figure than an experimenter ââ¬â simply said the school reflected the liberal times of the sixties. That the Ma ckey ââ¬â later known as the Bancroft Program ! ââ¬â went against all regulations of other public schools, didnââ¬â¢t concern the Mackeyââ¬â¢s principal, Francis Xavier Murphy at all, since he was convinced to have found the right school system, being highly innovative to everything seen before. Indeed it seemed to be more than just a school, since it represented itself as some sort of community enterprise, in which parents, teachers, students and other volunteers worked together for one mutual goal ââ¬â education. However there came the time ... Free Essays on School Starting school for the first time was one of the saddest days of my life. My parents realized that a pathway had to begin and the time came for the endeavor. The final result of the task at hand was to obtain a high school diploma. To obtain a high school diploma would revert those sad days to a happy occasion and a great accomplishment. The importance of a student to obtain a high school diploma is the completion of primary school, middle school and high school. Primary school was the foundation building for my life. The adjustment of being away from home for a long period of time had a great effect on me. Even though I possessed an exceptional trait in socialization; I still felt alone. The teachers always expressed the importance of learning on the primary level. I was told to focus on each grade separately because each level builds upon the other. The teacher build on those essential things like spelling, building a vocabulary, learning to read and count, exploring our space, learning to discover North Carolina and social traits. These essentials were necessary on the primary school level. By the end of the primary school level I had accomplished the reading, writing, math, science, social studies and social traits. Then I was prepared for the second phase of the foundation building. Elementary school was a faster pace and more challenging. I was enlighten with development of grammar skills, reading and oral book reports, building vocabulary, introduction of algebra, and learning about the Civil War and the discovery of America. I had to establish better study habits, prepare for test and complete assignments. Organization played a role in this process. The teachers were limited in time and they were working within the time frame given. At this level, time played an important role for completing the courses. The writing, battery and other state tests utilized was a time element. The thought of giving up on...
Sunday, October 20, 2019
5 Publishing Lessons I Learned Working With a Professional Marketer
5 Publishing Lessons I Learned Working With a Professional Marketer 5 Publishing Lessons I Learned Working With a Professional Marketer As a life-long fan of classic science fiction as well as emerging new voices from the genre, Fabrice Stephan's underlying passion is the exploration of technology through fiction, which he shares in his latest novel, Human Starpilots. In this post, he talks about the five biggest lessons he learned about publishing by working with a professional marketer.For indie authors, itââ¬â¢s a no-brainer that publishing is a challenge. Where you work as a teacher, in business, or any other trade, selling books is a brand new world.Anyone whoââ¬â¢s already been through the process will tell you that writing is only half the work, while editing, publishing, and marketing makes the other half. Some publishing books might give you a ââ¬Å"fool proofâ⬠recipe for success. And on some account, they are right: publishing a book on Amazon or other platforms is easy and fast. But once your book is up there, youââ¬â¢re lost in a crowd of other writers who have little to no sales. There mi ght not be a cost in publishing your book on Amazon, but, in this case thereââ¬â¢s no gain, either.This was the point I had reached when I turned to Reedsy to find a professional marketer. I had published two nonfiction books and was in the process of publishing my new science fiction novel. The first two had been downloaded about 200 times, but hadnââ¬â¢t received any reviews or ratings - nice but limited progress that I had achieved using both Kindle Countdown Deals and price promotions via different websites. I wanted to give my third novel more of a chance to reach people.So I turned to Reedsy with a clear request in mind: I wanted professional help with launching my book. And I also wanted to learn more about the trade of book marketing in general. I found marketer Mark Leslie Lefebvre, who met my needs exactly and who went above and beyond my expectations in regards to showing me the ropes.Letââ¬â¢s take a tour of some of the lessons I learned along the way. Is working with a professional marketer worth it for indie authors? Join the discussion here. Lesson 1: Patience is a virtueWhen it comes to promoting your book, what you need to do is engage in consistent, small-scale promotional efforts that earn you as much money as they cost - and then to increase your investments as you make progress.In this way, promoting your book is a game of patience - and requires you to set lots of long-term groundwork before you start earning profits. Those profits might not come with your first book. With the second book you publish, you will build on your author brand. With the third, youââ¬â¢ll have more to offer potential readers. With the fourth, à fifth, sixth, etc - you will continue to build upon (and reap rewards from) your promotional efforts.So be patient, and stick it out for the long haul.Lesson 2: Reviews are keyOf course, the more the merrier when it comes to finding readers. However, when youââ¬â¢re just getting started in your publishing career, you do also want to be strategic about who youââ¬â¢re marketing to so th at you can attract the right kind of readers: in other words, readers who enjoy your genre, who are already looking to read a book like yours, and who will, therefore, be more likely to leave a positive review.For example, someone who reads mostly militaristic sci fi might not be interested in pure adventure sci fi without any space battles. If you advertise to them and theyââ¬â¢re let down by your book, youââ¬â¢re more likely to receive a negative review.Thatââ¬â¢s where refining your target market plays a big role, and Mark helped me do that in spades - as youââ¬â¢ll see in the next three points.Lesson 3: Your cover needs to provide key informationI donââ¬â¢t think I need to tell other indie authors how important a good cover is. What Mark stressed with me is that you donââ¬â¢t only want your cover to attract the attention of readers, but the right readers: the kind of readers who will enjoy your book and leave reviews. Therefore, your cover should immediately g ive readers an idea of your bookââ¬â¢s genre and itââ¬â¢s story. Lesson 4: Get your author bio rightMark also helped me work on my author bio to make it more personal, professional, and informative.Before... I have been trained as an engineer and I work, by day, in computer science since 1996. I have already published technical books on computer science. Fan of science fiction, both of the great classics and of the new voices, this is my first full-fledged novel. I was born in the USA, I lived in France, Denmark and Australia and I have settled now in Macon, France, close to Burgundy with my wife and my two kids.After... Fabrice Stephan is an engineer and is the author of multiple technical books on computer science. As a life-long fan of classic science fiction as well as emerging new voices from the genre, his underlying passion is the exploration of technology through fiction, which he shares in his novel Human Starpilots.Partially inspired by the classic Robert Heinlein novel Have Spacesuit, Will Travel, Stephanââ¬â¢s debut novel Human Star pilots explores a future world, where, desperate to escape ecological disaster on earth, humankindââ¬â¢s fate relies on the investment in a unique and limited group of only six pilots capable of surviving the training of managing hyperspace jumps learned from a borrowed Alien technology.And, if the risks and challenges these brave pilots faces wasnââ¬â¢t enough, contact and collaboration with the Alien Federation begins to reveal even more surprises.When he is not exploring other worlds through science fiction, or computer technology through his work, Fabrice Stephan has traversed much of the globe. Born in the USA, he has lived in France, Denmark and Australia before settling in Macon, near the border of Burgundy, with his wife and two kids.Lesson 5: Your blurb should target your audienceMark and I also reworked my blurb to make it more efficient and direct, and to ensure it spoke to my target readers.Before... In 2130, Earth ecology is failing fast. Its inhabitants are dying and the governments are hard pressed to contain the disaster. So when an Alien Federation suddenly contacts Earth and offers assistance, everyone jumps on it. There are further surprises: those aliens prove, once their DNA analysed, to be distant cousin from us. The Federation will provide to Earth advanced technology and support against the climate change with a single condition: To trade among stars, they need pilots capable of managing hyperspace jumps and only rare humans have what it takes to survive the training and become one. To receive support, Earth has to find and provide starpilots to take its share of the load. After a careful selection, six are chosen to fly to the far away planet Adheek. There, they will try to learn their new trade. If they fail, Earth will collapse. If they succeed, it may have a chance. But no one has prepared them to what they will face to gain that chance.This debut novel was inspired by the classic ââ¬Å"Have space suit, will travelâ⬠fro m R Heinlein and by the science-fiction work from LE Modesitt. It is a tale of adventure in a far land, of going beyond oneââ¬â¢s own limits.After... Only augmented pilots can cross space. But at what cost? In 2130, Earthââ¬â¢s ecology is failing fast. Its inhabitants are dying and the governments are hard pressed to contain the disaster. An Alien Federation contacts Earth and offers assistance. We accept their offer to trade among the stars and receive their support. In exchange, they aliens, who prove to be distant cousins, need pilots capable of managing hyperspace jumps and only rare humans have the right genes and capacities to withstand them. After a careful selection, six are chosen to fly to the far away planet Adheek. There, they will compete with students from other planets to try and learn their new trade. If they fail, Earth will collapse. If they succeed, it may have a chance. But no one has prepared them to what they will face next. If you want to recapture that sense of wonder from reading Robert Heinleinââ¬â¢s ââ¬Å"Have space suit, will travelâ⬠and the tale of adventure and going beyond oneââ¬â¢s own limit from L.E. Modesitt Jr, then you wonââ¬â¢t want to miss this thought provoking novel. The 5 major lessons I learned working a professional marketer. #indieauthor In the end, working with Mark totally changed my perspective on selling books. Time, consistency, targeting, focus, and forbearance - these are all elements you need. And only a professional can help you settle in the rhythm you need to survive the publishing world.
Saturday, October 19, 2019
HOW EFFECTIVE IS THE DISPUTES SETTLEMENT PROCEDURE UNDER WTO Dissertation
HOW EFFECTIVE IS THE DISPUTES SETTLEMENT PROCEDURE UNDER WTO - Dissertation Example Criticism levied at the dispute settlement procedures under the WTO suggests that a need exists for trying to ensure speedy decisions, enhanced transparency, improvements in prospects for implementation and minimisation of costs associated with dispute settlement etc. Developing nations continue to lament about the previously mentioned inadequacies, but WTO Members have not met with much success in the form of a consensus to decide about how best to improve on dispute settlement under the WTO. Critics suggest that it is not possible to fix something that functions reasonably well and gradually all WTO Members have leaned towards presenting a greater trust in dispute settlement under the WTO. This dissertation presents a study to decide about the effectiveness of dispute settlement procedures under the WTO. Declaration I certify that, except where cited in the text, this work is the result of research carried out by the author of this study. ___________________________________________ __ Name and Signature of Author May 2011 This write - up is for a dissertation on Dispute Settlement Procedure for the World Trade Organisation. ... r WTO 24 2.3 Shortcomings of the Rules Based Approach in the Case of Dispute between United States of America and Antigua and Barbuda 27 2.4 WTO Panels and Panel Dynamics in the WTO Panel Review Stage 28 2.5 The WTO Appellate Body 36 2.6 DSB Review 37 2.7 Criticism and Concerns presented by Developing Nations 37 2.8 Retaliation as an Implementation Measure for WTO Rulings 47 2.9 Efforts directed towards improving the DSU and the WTO Dispute Settlement Procedures 49 2.10 Prospects for the Future 50 Chapter 3 Methodology 52 Chapter 4 Findings that Emerge from Research and Case Studies 58 4.1 The Sardines Case 66 4.2 The EC-Hormones Case 70 Chapter 5 Conclusions, Recommendations and Suggestions for Further Work 77 5.1 Limitations 65 5.2 Further Work 79 Bibliography/ References 81 List of Figures Figure 1: The WTO Dispute Settlement Process 8 (This page intentionally left blank) Chapter 1 ââ¬â Introduction The Dispute Settlement Mechanism (DSM) of the World Trade Organisation (WTO), officially known as the Dispute Settlement Understanding (DSU), is the procedure for settling trade disputes between member states that join the WTO. 1 The DSM, hailed as a victory of law over politics at the time of its introduction on January 1, 1995, has nevertheless received its share of criticism and critics cite a need for enhancing third party rights, the introduction of an interim review stage, with less developed nations calling for less expensive dispute settlement that offers them fair protection. 2 The more controversial set of proposals presented for enhancing the DSU include proposals to enhance the judicial nature of the WTO dispute settlement by creating a permanent Panel body and proposals for enhancing member control over dispute settlement procedures. 3 In addition, proposals
Friday, October 18, 2019
SPORTS COACHING DEVELOPMENTS Essay Example | Topics and Well Written Essays - 500 words
SPORTS COACHING DEVELOPMENTS - Essay Example This paper will analyse the role that variables such as personal experience, tradition and science play in relation to effective coaching: in the context of coach practice structure and coach behaviour. Finally, it will conclude by outlining the essentials of coach behaviour and a coach practice structure. It takes much more than sports mastery to be a coach; individual perception, which depends on personal elements such as values, attitudes, interests, plays a vital role in coaching. A good coach must be a good communicator. The sports instruction relies on the ability to communicate to each player in a team, taking into consideration the playerââ¬â¢s personal attributes, and in a simple and concise way to employ sport techniques and tact in preparation for competition (Wrisberg, 2007). Additionally, for coaching to be effective, there has to be mutual trust and respect between the athletes and the coach. It is important for the coach to formulate and maintain an effective working relationship with the players. Further, a coachââ¬â¢s philosophy, which depends a lot on their personal values and culture, has a lot of bearing in the sense that coaches influence the quality of an athleteââ¬â¢s experience with a sport and in this way can motivate or demoralize an athlete in pursuing their dreams. The right philosophy for a coach should not be to always win but should focus instead on being a teacher and mentor to athletes with the aim of developing highly motivated, proud and inspired individual, regardless of whether they win gold medals or not (Kidman and Hanrahan, 2001). Science is the knowledge resulting from theory investigation and application. The world today has remarkable features as a result of science, computers, the Internet and so much more. The role that science has played in making life today simpler, fun and comfortable is undisputedly immeasurable. We owe a lot to our ancestral and current scientists; it would be foolhardy for coaches to refuse
Discuss the extent to which the concept of duty of care in negligence Essay
Discuss the extent to which the concept of duty of care in negligence has developed in a manner so that both the claimant and de - Essay Example This means that tort is about a duty of care which one owed to another but failed to discharge accordingly. This is widely described in most books as negligence. This paper would examine the concept of negligence and how it affects the development of the concept of duty of care in order to ensure the fair treatment of both claimant and defendant in court cases. Concept of Neighbour In the landmark case of Donoghue V Stevenson3, the neighbourhood principle was developed. In the case, Mrs.Donoghue bought a bottle of ginger beer which was manufactured by Mr. Stevenson. After drinking it, she found that there was a snail in the bottle. Mrs. Donoghue fell ill and she sued Mr. Stevenson. The House of Lords sat on the case and held that Mr. Stevenson, being the manufacturer of the drink owed Mrs. Donoghue a duty of care. This is because it was reasonably foreseeable that failure to ensure product safety would cause another person to suffer and go through undue hardship. On the basis of this case, the concept of neighbourhood was established. Lord Atkins stated that in every action and inaction, a person must examine its implications and potentials of harming another individual who might be affected by them. Based on this, the concept of who a person's neighbour is was defined and established in law. Through the Donoghue V Stevenson case, it is established that a person owes another person a duty of care, once the neighbourhood relationship exists. This sets the parameters for the examination of tort cases. Duty of Care The neighbourhood test in the 1932 case of Donoghue V Stevenson has been modified to the basis of proximity. Proximity establishes that there was a close and sufficient relationship that made a person suffer some kind of injury from the action of another who was close enough to wield a duty of care to avoid that injury. In Caparo V Dickman4, a three fold test was developed to ascertain whether it is fair and just to impose a duty of care on a person for a given action in tort. These are: 1. The harm of the action in question must be reasonably foreseeable as in the case of Donoghue V Stevenson 2. The parties involved in the case must have a close relationship of proximity. 3. The duty of care imposed upon them must be fair, just and reasonable. Breach of Duty Once the three elements of a case are established, the court would need to establish that the duty of care was breached. And this breach is tantamount to negligence. Negligence is the failure to take reasonable care where a duty of care exists in a relationship5. Thus, the breach of a duty of care or negligence gives rise to a tortious liability and it leads to a given legal case. The breach of duty is failure to show a degree of care that a reasonable person ought to show in the same circumstances6. In other words, the breach of a duty of care creates an objective test which allows the court to measure the extent of a given act in tort. This is because, a reasonable person m ust show a certain level of basic consent for his actions. Without that, the real parameters of a case of tort cannot be defined. Thus, the test for reasonableness is important and fundamental in establishing the extent of negligence and the extent of failure. In Phillips V William Whiteley7 a woman suffered an infection as a result of her ear being pierced by a jeweller. The woman argued
Air Pollution in Houston Tx Research Paper Example | Topics and Well Written Essays - 1000 words
Air Pollution in Houston Tx - Research Paper Example This city has sustained the standings as the highest single measurement of ozone pollution in US, typically exceeding the 1-hr ozone standard most of the days. In the same year, a study by a professor at Texas A & M revealed that the concentration of Houstonââ¬â¢s Ozone in the summer usually rose two or three times above the government acceptable standards. The American Lung association added its voice on this issue by claiming that cityââ¬â¢s pollution is at its peak such that running in such a place equals smoking a pack of cigarettes in one day. Having said the above lets now take a look at the various sources of air pollution in Houston city. At this point it is important to mention that about half of the area deemed as major sources of pollution in the entire Houston region are located on the eastern side of the Harris County. Close to twenty or more major industrial sources are found in east Houston. These chemical industrial facilities include the two largest oil refiner ies in the country. The whole region play host to over 400 industrial facilities that release toxic pollutant into the air. As mention earlier the major contributor to Houston pollution is the ship channel. Here, the ship channel that feeds the port, together with the port itself produces a wide range of pollutants that add up to those generated by nearby industrial sources. Another source of air pollution is the emissions from automotives like buses, trucks, and cars. Another source of air pollution is the emissions from automotives like buses, trucks, and cars.
Thursday, October 17, 2019
Narcissistic personality disorder Research Paper
Narcissistic personality disorder - Research Paper Example Diagnosis There are no laboratory tests or medical examinations that can be undergone to determine if someone has narcissistic personality disorder. As such, narcissistic personality disorder is often diagnosed through the means of observing an individual displaying signs or symptoms, or else a psychological evaluation involving questionnaires and responding to certain scenarios during which signs of narcissism can be observed. Since many signs and symptoms of narcissistic personality disorder can be found in other personality disorders, it is not uncommon that someone is diagnosed with multiple disorders, or even misdiagnosed if there is not enough evidence to prove a specific disorder. In the Diagnostic and Statistical Manual of Mental Health, the American Psychiatric Association has provided a list of criteria that must be met for a person to be properly diagnosed with narcissistic personality disorder. ... praised based on looks or talents by adults; severe emotional abuse as a child; an imbalance of excessive praise and excessive criticism; and overindulgence by the parents (Groopman and Cooper, 2006). When these behaviors are continued throughout the childhood of the individual and a failure on the behalf of the child causes a cease in the praise and admiration, narcissistic personality disorder can be exposed as they become an adult. Narcissistic personality disorder is a very rare personality disorder and is more common in adult males. As aforementioned, the cause of narcissistic personality disorder is unknown, but researchers have still compiled some risk factors that might play a role in an individual developing narcissistic personality disorder as they become older. A massive lack of praise during childhood or neglect or abuse during a young age are among the more common risk factors. As can be seen in the causes and risk factors, narcissistic personality disorder usually begin s while the individual is a child, but does not make itself known until they reach adulthood. Symptoms The greatest symptom of narcissistic personality disorder is overdramatic and overemotional behavior. ââ¬Å"People with this disorder require attention and admiration and have difficulty accepting personal criticism (Sue et al, 2010)â⬠. Some of the other more common symptoms connected with narcissistic personality disorder involve the individual believing that they are better than anyone else, thus acting accordingly and expecting an excess of admiration and praise from others. Suffers of narcissistic personality disorder over-exaggerate their accomplishments and their talents in an attempt to receive praise from others, though feeling jealous if they observe someone else being more
Explain how the treatment of internal and external customers is one Essay
Explain how the treatment of internal and external customers is one more important than the other How does this affect "quality" in the organization - Essay Example Internal customers are the human capital that constitutes the factors of production. The expertise of the internal customers determine the quality of the output which the influence the external customers. In a service industry for example, the knowledge and skills of the employees influence the end product which determines the satisfaction of external customers. In Hill & Allen (2007) the external customers also influence the operations of the organization. A service industry like the Insurance industry is usually operated by the needs and wants of the external customers. The needs or complaints of the external customers are normally factored by the organization with great interest. In return, the organization executes their demand with effective conditions in order to suit their tastes and preferences. Martinez & Hobbi (2008) explain that the internal customers facilitate in the marketing of the organizations services. The internal customers through effective communication and delivery of the services influence the customersââ¬â¢ perception. The Insurance Industry in one slippery sector that is entirely operated by the act of faith. The internal customers are required to fully disclose the benefits and terms and conditions of the policy so as the external customers can be convinced in order to purchase the product. Hill & Alexander (2006) explain the external customers act as a measure of the organizationââ¬â¢s performance. The effectiveness of an organizationââ¬â¢s operations can be evaluated based on the external customersââ¬â¢ feedbacks. A company that pollutes the environment can receive negative comments regarding activities and vice versa. In addition, the quality of its services and products can be evaluated based on their numbers (sales), feedbacks and support. The services or products delivery of the internal customers is highly on the organizationââ¬â¢s support. The health sector for example, is a vital
Wednesday, October 16, 2019
Narcissistic personality disorder Research Paper
Narcissistic personality disorder - Research Paper Example Diagnosis There are no laboratory tests or medical examinations that can be undergone to determine if someone has narcissistic personality disorder. As such, narcissistic personality disorder is often diagnosed through the means of observing an individual displaying signs or symptoms, or else a psychological evaluation involving questionnaires and responding to certain scenarios during which signs of narcissism can be observed. Since many signs and symptoms of narcissistic personality disorder can be found in other personality disorders, it is not uncommon that someone is diagnosed with multiple disorders, or even misdiagnosed if there is not enough evidence to prove a specific disorder. In the Diagnostic and Statistical Manual of Mental Health, the American Psychiatric Association has provided a list of criteria that must be met for a person to be properly diagnosed with narcissistic personality disorder. ... praised based on looks or talents by adults; severe emotional abuse as a child; an imbalance of excessive praise and excessive criticism; and overindulgence by the parents (Groopman and Cooper, 2006). When these behaviors are continued throughout the childhood of the individual and a failure on the behalf of the child causes a cease in the praise and admiration, narcissistic personality disorder can be exposed as they become an adult. Narcissistic personality disorder is a very rare personality disorder and is more common in adult males. As aforementioned, the cause of narcissistic personality disorder is unknown, but researchers have still compiled some risk factors that might play a role in an individual developing narcissistic personality disorder as they become older. A massive lack of praise during childhood or neglect or abuse during a young age are among the more common risk factors. As can be seen in the causes and risk factors, narcissistic personality disorder usually begin s while the individual is a child, but does not make itself known until they reach adulthood. Symptoms The greatest symptom of narcissistic personality disorder is overdramatic and overemotional behavior. ââ¬Å"People with this disorder require attention and admiration and have difficulty accepting personal criticism (Sue et al, 2010)â⬠. Some of the other more common symptoms connected with narcissistic personality disorder involve the individual believing that they are better than anyone else, thus acting accordingly and expecting an excess of admiration and praise from others. Suffers of narcissistic personality disorder over-exaggerate their accomplishments and their talents in an attempt to receive praise from others, though feeling jealous if they observe someone else being more
Tuesday, October 15, 2019
1880 Halloween Riot Essay Example | Topics and Well Written Essays - 250 words
1880 Halloween Riot - Essay Example The violence swelled with two or three thousand Colorado residents begun throwing bricks and breaking into Chinese owned establishments. The police was not able to stop the mounting riot due to its sheer number and they were tremendously outnumbered until finally, Chinese homes and business were destroyed by the angry mob despite the Mayorââ¬â¢s call for the mob to disperse. The riot culminated when they broke into Sing Leeââ¬â¢s laundry business where he was dragged down the street and was attempted to be hung on a lamp post. He eventually was beaten to death. Other Chinese nationals would have suffered the same fate but some residents were able to stop them. Police also kept the Chinese locked in their county jails to protect them from angry mob. When the mob was finally over, Chinese businesses and homes were destroyed and the people who were jailed for the killing of Sing Lee were acquitted for lack of evidence. Despite this, Chinese nationals remain in Colorado and rebuild their business and
Monday, October 14, 2019
Post Apartheid Public Administration and Batho Pele
Post Apartheid Public Administration and Batho Pele DEFINITION OF PUBLIC ADMINISTRATION According to Nigro (1988): ââ¬Å"Public Administration (i) is a cooperative group effort in a public setting; (ii) covers all the three branches executive, legislative and judicial, and their inter-relationship; (iii) has an important role in the formulation of public policy and is thus part of the political process; (iv) is different in significant ways from private administration; and (v) is closely associated with numerous private groups and individuals in providing services to the community.â⬠Nigro, F.A., 1988.Modern Public Administration. 5th ed. x: Harpercollins College Div As per Willoughby (1927): ââ¬Å"The term administration may be employed in Political Science in two senses. In its broadest sense it denotes the work involved in the actual conduct of governmental affairs, regardless of the particular branch of government concerned. It is, thus, quite proper to speak of the administration of the legislative branch of the government, the administration of justice or judicial affairs, or the administration of the executive branch as well as the administration of the affairs of the administrative branch of the government, or the conduct of the affairs of the government generally. In its narrowest sense, it denotes the operations of the administrative branch only. As students of Public Administration we are concerned with the narrowest meaning of the term.â⬠Willoughby, W.F., 1927. Principles of Public Administration. Baltimore, MD: Johns Hopkins University Press Jayapalan, N., 2000. Public Administration. New Delhi: Atlantic Publishers and Distributors. Page 2 Rosenbloom (1989) said: ââ¬Å"Public Administration does involve activity, it is concerned with politics and policy-making, it tends to be concentrated in the executive branch of government, it does differ from private administration, and it is concerned with implementing law. Public Administration is the use of managerial, legal and political theories and processes to fulfil legislative, executive and judicial governmental mandates for the provision of regulatory and service functions for the society as a whole or for some segments of it.â⬠David H Rosenbloom, 1989.Public administration: Understanding management, politics, and law in the public sector. 2nd Edition. Random House. To sum up the 3 definitions, Public Administration is carried out in the public interest, irrespective of the governmental system of that nation. It is also seen as the policies, procedures, rules and regulations of governmental functions or operations, in action. It interacts with various groups or individuals, including the private sector in providing a better service to the community or public. HISTORY The concept of Public Administration dates back to the early Greeks. About 400 B.C Plato identified a split between management and a democratic system. The Greeks became more cultured and started nominating leaders and grasp the idea of Public Administration. (10 Interesting Facts About the History of Public Administration 2008) According Popejoy (2013), most experts believe Woodrow Wilson to be the founder of modern Public Administration. He suggested that the first secretary of Treasury in the United States of America, Alexander Hamilton, were the first person to coin the phrase ââ¬Å"public administrationâ⬠, to define his responsibilities as a Cabinet Minister. Hamilton, together with Thomas Jefferson, the first Secretary of State in the United States, created a support system where electorates are bartered with by the promise of jobs, better public service and other tactics by politicians running for administration. (10 Interesting Facts About the History of Public Administ ration 2008) In 1887, Woodrow Wilson, published an essay in the Political Science Quarterly entitled ââ¬Å"The Study of Administrationâ⬠, where he attempted in explaining the study of administration. He noted the more complicated and evolving the society become, the responsibility and duty of the government, will increase. He further addressed the issue of public administration as the ordering of government to ensure that business rules are followed and the fortifying of the organisation to fulfil its duties. (Akindele, Oloapa Obiyan 2002) Frank Goodnowââ¬â¢s Politics and Administration (1990), highlighted ââ¬Å"the will of the stateâ⬠and recognised politics as the representation and administration the implementation of this will. He also identified the possible battle between these two areas to achieve accord. Leonard, D. Whiteââ¬â¢s book: Introduction to the Study of Public Administration (1926) and W.F. Willoughbyââ¬â¢s Principles of Public Administration (1927), added to the work of Goodnow. There was however, a considerable disagreement in how they saw the legitimate control of public administration. White considered the President of the United States as the Chief Administrator, but Willoughby the Congress. The crux of the matter is that there are two different roles of government, namely outcome and implementation. Implementation is the area of public administration. (Akindele, Oloapa Obiyan 2002) Since post-World War II, the nature of Public Administration has changed. One of the reasons were the incapability to separated politics from administration and that it was only a false border between these two divisions. Emphasis are placed on how ethical and independent are public administration officials with regards to politics and policy-making. This places some challenges on the practice of public administration as well as conflict of interest which require impartiality from the public. (International Encyclopedia of the Social Sciences 1968) PUA IN POST APARTHEID SYSTEM The Constitution of the Republic of South Africa (Act 108 of 1996), gives a clear indication of how Public Administration should be managed and executed. Some of these principles are; ââ¬Å"A high standard of professional ethics must be promoted and maintained. (b) Efficient, economic and effective use of resources must be promoted. (c) Public administration must be development-oriented. (d) Services must be provided impartially, fairly, equitably and without bias. (e) Peopleââ¬â¢s needs must be responded to, and the public must be encouraged to participate in policy-making. (f) Public administration must be accountable. (g) Transparency must be fostered by providing the public with timely, accessible and accurate information. (h) Good human-resource management and career-development practices, to maximise human potential, must be cultivated. (i) Public administration must be broadly representative of the South African people, with employment and personnel management practices ba sed on ability, objectivity, fairness, and the need to redress the imbalances of the past to achieve broad representation. (Department of Justice and Constitutional Development n.d.) According to Popejoy (2013) ââ¬Å"In addition, section 195(1) of the Constitution prescribes basic values and principles for Public Administrationâ⬠. Through the Bill of Rights, it offers civilians of South Africa the right to act against the State if they deem their rights were disregarded. Public Service to the South African citizens is not a benefit, but a legal right. Service delivery should be of high importance to all national and provincial departments. After 1994, the Stateââ¬â¢s focus with regards to Public Administration was to first convert and unite the different administrations of the previous government as well as the management of the different homelands into one administration system. According to Chapter 10 of the Constitution, the Public Service Commission (PSC), an independent institution, was created to concentrate on the Public Service and supervision of public administration. This institution is neutral and no other department of the State can intervene in the operations of the PSC. (Public Service Commission 2014:1) Franks (2014:50) reminds us that South Africa had to create a proper structure, based on the ideals of the Constitution to rule and oversee conflicts of interest to ensure public service delivery to the South African public. The process of change in the public service were clouded by the conflict between the need for a well organised, competent and politically impartial public service versus a new political period and change in the society of South Africa. Therefore, with regards to the above evidence, we can deduce that Public Administration is still very relevant in the contemporary society in South Africa. It is part our Constitution and has a legal implementation attached to it. It is funded by the taxes of the public and therefore must be accountable to the public. BATHO PELE In October 1997, the Department of Public Service and Administration realised that they had to get their house in order and therefore the need to document the philosophy of service delivery to improve their proficiency and responsibility in implementation of their duties. The Public Service was perceived as not being approachable and required expertise, skill and the right mind-set to meet the challenges of the old bureaucratic culture. Thus the operational ability had to change. Therefore the department launched the Batho Pele Principles, also called the ââ¬Å"White Paper on Transforming Public Service Deliveryâ⬠. (Batho Pele 1997) Batho Pele, a SeSotho word meaning ââ¬Å"putting our people firstâ⬠, was an effort to improve the implementation of service levels and delivery to a more acceptable level. A culture of putting the customer (the people) first, needed to be embraced, much like the private sector, to ensure they serve the needs of the public. (Education Training Unit n.d.) According to Batho Pele (1997) their slogan were: ââ¬Å"We belong, we care, we serve.â⬠Describing it as follow: ââ¬Å"We belong: we are part of the Public Service and should work together and respect fellow colleagues. We care: caring for the public we serve ââ¬â our customers. We serve: all citizens will get good service from public servants.â⬠Batho Pele (1997) identified eight principles to develop within the different departments to operate as an adequate policy and judicial structure concerning service delivery in the public service. These ideologies are in line with the concepts of the Constitution, mentioned earlier in this paper. The eight Batho Pele Principles are as follow: (Batho Pele 1997; Education Training Unit n.d) Consultation The public are allowed to say what they want with regards to public service. The public can be asked for their opinions on existing public services as well as other basic services they would like. All levels of the public will be interviewed or surveyed and their views will then be communicated to the Ministers, MECââ¬â¢s and legislators. Service Standards This is to ensure that promises that were made are kept. All national and provincial departments will publish their service standards for new and existing services. Standards will be examined and cannot be lowered and will be monitored on an annual basis and will be raised increasingly. Access Each individual in the country should have access to receive their fair share of services. Departments will be targeted to offer citizens access to public servants and services. Special programmes must be implemented to develop service delivery to physically, socially and culturally disadvantaged individuals Courtesy The public can expect not to be treated with disrespect, but with kindness and understanding. All departments had to incorporate these standards of treatment into their various Codes of Conduct and training programmes. Regular on-going staff performance appraisals had to be monitored Information The public are entitled to complete and correct facts about services they are permitted to receive. Information should be provided at service points, as well as the local media in the different languages and all departmental communications must include comprehensive contact details. Openness and transparency Administration should be and open book to the public and they have the right to know the departmental numbers and particulars of officials. Furthermore, access to the expenditure and performance against the prescribed standards must also be available. Reports will be published and submitted to the legislature. Redress The publicââ¬â¢s complaints must lead to action. Public dissatisfaction must be recorded and all staff must be trained on how to handle the grievances fast and efficiently. The public can also expect feedback on the outcome of a complaint. Value for Money The publicââ¬â¢s money, such as VAT and taxes, should be spend sensibly in the administration of the country. Departments must be able to provide the public with proof of improved service delivery and proper expenditure of the funds. The public has the right to insist that their money should be used suitably. By improving the public service delivery will benefit the whole society. Improved delivery from national and provincial departments is essential for the future prosperity and development of the country. The monitoring is done by the Department of Public Service and Administration in conjunction with the Public Services Commision. (Education Training Unit n.d.) References ASPA National Weblog. 2013.Alexander Hamilton vs Woodrow Wilson. [ONLINE] Available at:https://aspanational.wordpress.com/tag/woodrow-wilson/. [Accessed 07 February 15]. Masters in Public Administration. 2008.10 Interesting Facts About the History of Public Administration. [ONLINE] Available at:http://mastersinpublicadministration.com/10-interesting-facts-about-the-history-of-public-administration. [Accessed 07 February 15]. Akindele, S.T., Oloapa, O.R. Obiyan, A.S. 2002. The Theory of Public Administration and Its Relevance to Nigerian Administrative Ecology. Journal of Social Science, 6(4): 247 ââ¬â 256. Availabe at http://krepublishers.com/02-Journals/JSS/JSS-06-0-000-000-2002-Web/JSS-06-4-237-02Abst-PDF/JSS-06-4-247-02-Akindele-S-T/JSS-06-4-247-02-Akindele-S-T-Tt.pdf Encyclopedia. 1968.International Encyclopedia of the Social Sciences. [ONLINE] Available at:http://www.encyclopedia.com/topic/Public_administration.aspx. [Accessed 07 February 15]. Public Administration.International Encyclopedia of the Social Sciences. 1968. Accessed 7 February 2015 from Encyclopedia.com:http://www.encyclopedia.com/doc/1G2-3045001014.html Department of Justice and Constitutional Development n.d.,Chapter 10 Public Administration. [ONLINE] Available at:http://www.justice.gov.za/legislation/constitution/SAConstitution-web-eng-10.pdf. [Accessed 07 February 15]. http://www.polity.org.za/polity/govdocs/white_papers/transform.html Department of Public Service and Administration (DPSA). 1997, Batho Pele ââ¬â ââ¬Å"People Firstâ⬠: White paper on Transforming Public Service Delivery, viewed 7 February 2015. http://www.polity.org.za/polity/govdocs/white_papers/transform.html Public Service Commission. 2014.The Constitutional and Legislative Mandate of the Public Service Commission Explained. [ONLINE] Available at:http://www.psc.gov.za/documents/docs/legislation/Booklet%20on%20PSC%20mandate.pdf. [Accessed 07 February 15]. Franks, P.E., 2014. The Crisis of the South African Public Services.The Journal of the Helen Suzman Foundation, [Online]. 74, 48-56. Available at:http://hsf.org.za/resource-centre/focus/state-and-nation/9.the-crisis-of-the-south-african-public-service-p.pdf/download.[Accessed 07 February 2015]. Education Training Unit. n.d.,Batho Pele: Improving Government Service. [ONLINE] Available at:http://www.etu.org.za/toolbox/docs/govern/bathopele.html. [Accessed 07 February 15]. David H Rosenbloom, 1989.Public administration: Understanding management, politics, and law in the public sector. 2nd Edition. Random House.
Sunday, October 13, 2019
Abortion is Morally Wrong Essay -- Abortion Essays
Abortion is the ending of pregnancy before birth and is morally wrong. An abortion results in the death of an embryo or a fetus. Abortion destroys the lives of helpless, innocent children and is illegal in many countries. By aborting these unborn infants, humans are hurting themselves; they are not allowing themselves to meet these new identities and unique personalities. Abortion is very simply wrong. Everyone is raised knowing the difference between right and wrong. Murder is wrong, so why is not abortion? People argue that it is not murder if the child is unborn. Abortion is murder since the fetus being destroyed is living, breathing and moving. Why is it that if an infant is destroyed a month before the birth, there is no problem, but if killed a month after birth, this is inhumane murder? It is morally and strategically foolish, because we lose the middle when we talk about reproductive rights without reference to a larger moral and spiritual dimension, and we are unwilling to use language like transgression and redemption, or right and wrong. -Wolf p54 The main purpose abortions are immoral is how they are so viciously done. Everyday, innocent, harmless foetuses that could soon be laughing children are being brutally destroyed. One form of abortion is to cut the foetus into pieces with serrated forceps before being removed, piece by piece from the uterus by suction with a vacuum aspirator. Another form consists of bringing the foetus feet first into the birth canal, puncturing its skull with a sharp instrument and sucking out the brain tissue. The body parts, such as the head, are given letters, rather than refer to the parts as what they are. In my opinion this is for the doctors who cannot face the reality of what they are doing. The remains of the foetus or embryo, as the case may be, are put into everyday, plastic buckets and then sent to a dumpster where these precious bones and limbs are disposed. However, how and when an abortion takes place are matters of little importance to pro- abortionists and other defenders. Even former abortion practitioners from varying backgrounds and religions have a new view on abortion. These changes of heart were caused by psychological, religious and scientific reasons. One doctor, Dr. Bernard Nathanson, performed 60,000 abortions and supervised 10,000, before scientific evidence and the use of a... ...ou are going to loose.â⬠(Wolf p54) WORKS CITED Alvare, Helen, Wilson, Marle, Wolf, Naomi. ââ¬Å"Abortion: Whose Values? Whose Rights?â⬠Tikkun January-February 1997: pp54-60 Clark, Thomas. ââ¬Å"Thou Shalt Not Play Godâ⬠The Humanist July-August 1995: p3 Hunt, George W.. ââ¬Å"Of Many Thingsâ⬠America 31 January 1998: p2 Lavelle, Marianne. ââ¬Å"When Abortion Comes Late In Pregnancy, Though Rare, Most Arenââ¬â¢t For Medical Reasonsâ⬠U.S. News and World Reports 19 January 1998: p31-32 Lefevere, Patricia. ââ¬Å"Ex-abortion Providers; Conversation Talesâ⬠National Catholic Reporter 16 January 1998: p6 Merril, Ted. ââ¬Å"Abortion; Extreme Views Ignore Realityâ⬠Medical Economics 15 July 1996: p33 McMillan, Jeff. ââ¬Å"Focusing On a Womanââ¬â¢s Right To Self Defenseâ⬠The Chronicle of Higher Education. 6 December 1996: pA12 ââ¬Å"No Easy Quick Fix Solutions To Abortion Issuesâ⬠National Catholic Reporter 8 November 1996: p20 ââ¬Å"Reproductive Tract Infections and Abortion Among Adolescent Girls In Rural Nigeriaâ⬠The Lancet 4 February 1995: p300 Thomas, Judy. ââ¬Å"Pro-life Turns Deadlyâ⬠Newsweek 26 January 1998: p64 Wallace, Bruce. ââ¬Å"When One Fetus Lives and One Diesâ⬠Macleanââ¬â¢s 19 August 1996: pp20-21
Saturday, October 12, 2019
Religion in Pat Barkers Regeneration :: Pat Barker Regeneration Essays
Religion in Pat Barker's Regeneration In Pat Barker's novel Regeneration, one of the main characters, Dr. Rivers, is presented with a patient who is not mentally ill at all, but very sane. In trying to "heal" this patient, Rivers begins to have an internal conflict about the job he is doing and the job he should be doing. He is fighting with himself until on page 149, he is in a church where they are singing a very popular hymn, "God Moves in a Mysterious Way." At this point, Rivers is able to begin resolving his conflict. By using this hymn, Barker is able to emphasize one of the novel's theme: in times of war, reflection on religion not only brings peace to a country, but can bring peace within yourself. The author of the famous hymn "God Moves in a Mysterious Way" is William Cowper. He was born to John Cowper and Ann Donne on November 26, 1731. In 1768, Cowper moved to Olney in Buckinghamshire ("William Cowper"). Three years later, he started what would be known as the "Olney Hymns," but because of severe melancholy, Cowper did not finish this work until 1779. The very last hymn in this book is "Light Shining out of Darkness" (Cowper). This hymn is the one that most Christians all over England would know as "God Moves in a Mysterious Way." Even though the hymn may not have been as popular among the soldiers on the battlefield, according to Alan Wilkenson's book, The Church of England and the First World War, "[a]t home, 'God moves in a mysterious way' was a very popular hymn" (157). Historians did not comment on why this particular hymn was so popular during the war. However, the verses in the hymn remind Christians that God is watching over them, and that He has a purpose for every thing He does (Cowper). This idea may have provided some reassurance to the families and friends of soldiers on the battlefield. Those with loved ones serving their country may have found comfort knowing that God had a plan, and that He was watching over their soldiers. Other hymns, as well as religion in general, were an important part of the soldiers' and officers' lives. Over forty million prayer books, hymn books, and Bibles were distributed among soldiers during the first two years of war by several different agencies. Many of the books had the typical inscription: "Please carry this in your pocket and read it every day" (Wilkinson 153).
Friday, October 11, 2019
Hindu Women and Their Coparcenary Rights
NATIONAL LAW INSTITUTE UNIVERSITY BHOPAL VI TRIMESTER FAMILY LAW ââ¬â II HINDU WOMEN AND THEIR COPARCENARY RIGHTS SUBMITTED TO ââ¬â SUBMITTED BY ââ¬â Ms. Kavita Singh Archana 2011 B. A. ,LL. B 79 VI Trimester INDEX SERIAL NUMBER |HEADINGS |PAGE NUMBER | |(1) |INTRODUCTION |3 | |(2) |TRADITIONAL POSITION |4 | |(3) |DAYABHAGA COPARCENARY SYSTEM |4 | |(4) |MITAKSHARA COPARCENARY SYSTEM |4 | |(5) |MARUMAKKATTYAM LAW |5 | |(6) |POSITION OF WOMEN UNDER CONSTITUTION |6 | |(7) |CONCEPT OF COPARCENARY AND JOINT PROPERTY |7 | |(8) |PARLIAMENTARY DEBATE |7 | |(9) |SECTION 6 OF HINDU SUCCESSION ACT |8 | |(10) |NEW COPARCENARY UNDER STATE ACTS 10 | |(11) |WOMAN AS KARTA |12 | |(12) |JUDICIAL INTERPRETATION |13 | |(13) |PROBLEMS OF COPARCENARY RIGHTS OF WOMEN |14 | |(14) |RECOMMENDATIONS |15 | |(15) |CONCLUSION |16 | |(16) |BIBLIOGRAPHY |17 | INTRODUCTION The Constitution of India provides that every person is entitled for equality before law and equal protection of the laws and thereby prohibits discrimination on the basis of caste, sex and creed.The discrimination on the basis of sex is permissible only as protective measures to the female citizens as there is need to empower women who have suffered gender discrimination for centuries. Since time immemorial the framing of all property laws have been exclusively for the benefit of man, and woman has been treated as subservient, and dependent on male support. The right to property is important for the freedom and development of a human being. Prior to the Hindu Succession Act, 1956 shastric and customary laws that varied from region to region governed Hindus and sometimes it varied in the same region on a caste basis resulting in diversity in the law. Consequently in matters of succession also, there were different schools.The multiplicity of succession laws in India, diverse in their nature, owing to their varied origin made the property laws even mere complex. The ultimate sufferers of these complexities are women as their position regarding property rights is vulnerable in a coparcenary system. In our project we are trying to analyze the discrimination against women under Hindu Succession Act, 1956. The paper begins with a study of devolution of property in various traditional schools. It then proceeds to analyze the position of women in the Constitution of India. The focus of this paper is on the concept of coparcenary and the inherent discrimination meted on the women by depriving them proprietary rights in the Hindu Succession Act, 1956.Finally, we have analyzed the new notion of coparcenary under various State amendments and the pros and cons of these amendments in the light of right to equality guaranteed under the Constitution of India. TRADITIONAL POSITION The entire concept of coparcenary originates in the Classical Hindu law, so it becomes imperative to understand the position under these traditional schools before we proceed further ââ¬â THE DAYABHAGA COPARCENARY SYST EM The Dayabhaga School is followed in primarily in West Bengal, Bihar, Assam and parts of Orissa. According to this school neither son nor daughter gets by birth or by survivorship a right in the family property, though joint family and joint property is recognized in this school.It lays down only one mode of succession and the same rules of inheritance apply whether the family is divided or undivided and whether the property is ancestral or self-acquired. In this school neither sons nor daughters become coparceners at birth nor do they have rights in the family property during their father's lifetime. However, on his death, they inherit as tenants-in-common. It is a remarkable feature of the Dayabhaga School that the daughters also get equal shares along with their brothers. But, since this ownership arises only on the extinction of the father's ownership none can compel the father to partition the property in his lifetime and the latter is free to give or sell the property withou t their consent.Therefore, under the Dayabhaga law, succession rather than survivorship is the rule. If one of the male heirs dies, his heirs, including females such as his wife and daughter would become members of the joint property, not in their own right, but representing him and manage the property on behalf of the other members in the Dayabhaga School. MITAKSHARA COPARCENARY SYSTEM The Mitakshara law is followed extensively in India. According to this school, a son by birth acquires a right and interest in the joint family property. But, the interest in the property is restricted to three generations of male lineal descendants, which includes son, grandson and the great grandson.These three constitute a class of coparceners, based on birth in the family. Under the Mitakshara system, joint family property devolves by survivorship within the coparcenary. This means that with every birth or death of a male in the family, the share of every other surviving male either gets diminish ed or enlarged. For example, if a coparcenary consists of a father and his two sons, each would own one third of the property. If another son is born in the family, automatically the share of each male is reduced to one fourth. But, no female is recognized as a member of the coparcenary in Mitakshara law. We find many variations of this school in different parts of India.According to the Bengal, Banaras and Mithila sub- schools of Mitakshara recognise five female relationsââ¬âà widow, daughter, mother, paternal grandmother, and paternal great-grand mother as being entitled to inherit. [1] The Madras sub-school recognized the heritable capacity of a larger number of females including the sonââ¬â¢s daughter, daughter's daughter and the sisterââ¬â¢s heirs who are expressly named as heirs in Hindu Law of Inheritance (Amendment) Act, 1929. [2] The son's daughter and the daughter's daughter ranked as bandhus in Bombay and Madras. The Bombay school which is most liberal to wome n, recognizes a number of other female heirs, including a half sister, fatherââ¬â¢s sister and women married into the family such as stepmother, son's widow, brotherââ¬â¢s widow and also many other females classified as bandhus. THE MARUMAKATYAM SYSTEMThis system prevailed in Kerela wherein the family was joint and a household consisted of the mother and her children with joint rights in property. The lineage was traced through the female line i. e. matrilineal. The joint family so formed is known as Tarwad. In this system both male and females are equally the members of joint family. Son be the member of motherââ¬â¢s coparcenary but sonââ¬â¢s son would not be the member of this system. He will be member of his motherââ¬â¢s Tarwad. Here both male and female accrues interest in property. This system explains how traits moved towards matriarch cal from patriarch cal. However, joint family system in Kerela are abolished by Kerela Joint Family Abolition Act.But even today at some places customary law governs. THE POSITION OF WOMEN UNDER THE CONSTITUTION OF INDIA The framers of the Indian Constitution have taken special care to ensure that the State should take positive steps to give women equal status with men. Articles 14, 15(2), (3) and Article 16 of the Constitution of India, attempt not only inhibit discrimination against women but in appropriate circumstances provide a free hand to the State to provide protective discrimination in favour of women. Also Part IV of the Constitution which contains the Directive Principles of State Policy interalia provides that the State shall endeavor to ensure equality among individuals[3].Notwithstanding these Constitutional mandates and directives, a woman is still neglected and the rights of the women is blatantly disregarded by some of the provisions of personal laws like the inherent discrimination and inequality in the Mitakshara coparcenary under Section 6 of the Hindu Succession Act, 1956. But, to say th at coparcenary rights under Mitakshara system violates Article 14 raises an important question- Does ââ¬Å"laws in forceâ⬠in Article 13(1) of the Constitution include personal laws? The Apex Court has yet to give a definitive view on this point. But in State of Bombay v Narsu Appa Mali[4] the Bombay High Court took the view that the term ââ¬Å"laws in forceâ⬠includes only laws passed or made by legislature or other competent authority and does not include personal laws.But in the Supreme Court in Sant Ram v Labh Singh[5] and in Shri Krishna Singh v Mathura Ahir[6] has accepted the contrary. But, Seervai is of the opinion that- ââ¬Å"We have seen that there is no difference between the expression ââ¬Ëexisting lawââ¬â¢ and the ââ¬Ëlaw in forceââ¬â¢ and consequently, personal law would be ââ¬Ëexisting lawââ¬â¢ and ââ¬Ëlaw in forceââ¬â¢. This consideration is strengthened by the consideration that custom, usage, and statutory law are so inextricabl y mixed up in personal law that it would be difficult to ascertain the residue of personal law outside themâ⬠[7] THE CONCEPT OF COPARCENARY AND JOINT PROPERTY In the Hindu system, ancestral property has traditionally been held by a joint Hindu family consisting of male coparceners.Coparcenary can be defined as a narrower body of persons within a joint family and consisting of father, son, son's son and son's son's son. Ancestral property continues to be governed by a wholly partrilineal regime like the Mitakshara school, wherein property descends only through the male line as only the male members of a joint Hindu family have an interest by birth in the joint or coparcenary property. Since a woman cannot be a coparcener, she is not entitled to a share in the ancestral property by birth. But a son's share in the property would increase in case the father dies interstate would be in addition to the share he has on birth.This is a clear discrimination against women. PARLIAMENTARY DEBATE ON THE ADOPTION OF MITAKSHARA COPARCENARY SYSTEM Theà provisions regarding succession in the Hindu Codeà Bill, asà originallyà framedà byà theà B. N. Rauà Committeeà and pilotedà byà Dr. Ambedkar,à à wasà à forà à abolishingà à the Mitaksharaà coparcenary with its concept of survivorshipà and the son's right by birth in a joint familyà property and substituting it with the principle of inheritance by succession. These proposals met with a stormà of conservative opposition. Theà extentà ofà à opposition within the government itself can be gauged fromà theà factà thatà theà thenà Law Minister Mr.Biswas, on the floor of the house, expressedà himself againstà daughtersà inheriting property from their natalà families. Sita Ram S Jajoo fromà Madhyaà Bharat, identifiedà theà reason for the opposition accurately,à when he stated:à ââ¬Å"Here we feel theà pinchà because it t ouches ourà pockets. We male members of this house are in a huge majority. I do not wish that theà tyrannyà of the majority may be imposed on the minority, the female members of this house. ââ¬Å"[8] However, the majorityà prevailed when the Bill was finally passed in 1956. When Dr. Ambedkar was questioned as to how the provisions relating to coparcenary was retained in spite of strong opposition he said:à ââ¬Å"It was not a compromise.My enemies combined with my enthusiastic supporters thought that theyà might damn the Bill by making it appear worse than it was. [9] By the retention of the Mitakshara coparcenary without including females it meant that females cannot inherit ancestral property as males do. If a joint family gets divided, each male coparcener takes his share and females get nothing. Thus the law by excluding the daughters from participating in coparcenary ownership not only contributed to an inequity against females but has led to oppression and nega tion of their right to equality and appears to be a mockery of the fundamental rights guaranteed by the Constitution. [10] SECTION 6 OF THE HINDU SUCCESSION ACT, 1956.Section 6 deals with the devolution of interest of a Hindu male in coparcenary property and recognizes the rule of devolution by survivorship among the members of the coparcenary. The provision relating to co-parcenary property in the Hindu succession Act 1956 is Section 6 which provides that if a male Hindu dies leaving behind his share in Mithakshara Co-parcenary property, such property will pass on to his sons, sonââ¬â¢s sonââ¬â¢s, sonââ¬â¢s sonââ¬â¢s son by survivorship, on surviving members. In case there are female relatives like daughter, widow, mother, daughter of predeceased son daughter of predeceased daughter widow of predeceased son, widow of predeceased son of a predeceased son, then the interest of the deceased co-parcenary will pass on to his heirs by succession and not by survivorship.Exampl e: If ââ¬Å"câ⬠dies leaving behind his two sons only, and no female heirs of class I then property of ââ¬Å"Câ⬠passes to his sons by survivorship since there are no female relatives like daughter or any other member specified in the class I of first schedule. In case ââ¬Å"Câ⬠dies leaving behind two sons and three daughters, then property of ââ¬Å"Câ⬠will pass on to his sons and daughters by succession in the following manner. Firstly property of ââ¬Å"Câ⬠is divided among ââ¬Å"Câ⬠and his two sons. The shares of ââ¬Å"Câ⬠and his two sons are C gets one-third and each son one-third. The sons are entitled to the equal share of the property along with the father. But the daughters are entitled to the share in the share of the deceased ââ¬Å"Câ⬠along with other sons.So the sons will get one-third of the property and a share, which is one-fifth in the share of deceased ââ¬Å"Câ⬠. Even under the Hindu Succession Act, 1956 the d aughter does not take equal share with the son. The law by excluding daughter from participating in the coparcenary ownership not only contributes to her discrimination on the ground of gender but also has led to oppression and negation of her fundamental right of equality guaranteed in the Constitution having regard to the need to render social justice to women. HINDU SUCCESSION (AMENDMENT) ACT, 2005 W. R. T SECTION 6 Considering the Principle of Equality under The Constitution, Hindu Succession (Amendment) Act, 2005 came up.According to amendment, the daughter of a coparcener shall- 1) By birth become a coparcenary in her own right in the same manner as the son; 2) Have same rights in the coparcenary as she would have had if she had been a son; 3) Be subject to same liabilities in respect of the said coparcenary property as that of a son, 4) She is allotted the same share in property as that to son. And any reference to Hindu Mitakshara coparcener shall be deemed to include a refe rence to a daughter of a coparcener. Now the mode of devolution is no more survivorship but has become succession. This is a drastic amendment, which has changed the whole scenario. Now women are not anyway unequal to men. This is a step taken to bring them at par with men in this society. NEW COPARCENARY UNDER STATE ACTSThe concept of the Mitakshara coparcenary property retained under Section 6 of the Hindu Succession Act has not been amended ever since its enactment. But, five states in India namely, Kerela, Andhra Pradesh, Tamil Nadu, Maharashtra and Karnataka[11] have taken cognizance of the situation an have made necessary amendments. As per the law of four of these states, à (Kerela excluded), in a joint Hindu family governed by Mitakshara law, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son. Kerela, however, has gone one step further and abolished the right to claim any interest in any property of an ancestor du ring his or her lifetime founded on the mere fact that he or she was born in the family.In fact, the Kerela Act has abolished the Joint Hindu family system altogether including the Mitakshara, Marumakkattayam, Aliyasantana and Nambudri systems. In Kerela the joint tenants has been replaced by tenants in common. The approach of the Andhra Pradesh, Tamil Nadu, Maharashtra and Karnataka state legislatures is, strikingly different from that of Kerela and these states instead of abolishing the right by birth strengthened it, while broadly removing the gender discrimination inherent in Mitakshara coparcenary. The broad features of the legislations are more or less couched in the same language. The State enactments in these four states provide thatââ¬â a) the daughter of a coparcener in a Joint Hindu Family governed by Mitakshara law, shall become a coparcener by birth in her own right in the same manner as the son and have similar rights in the coparcenary property and be subject to s imilar liabilities and disabilities; (b) On partition of a joint Hindu family of the coparcenary property, she will be allotted a share equal to that of a son. The share of the predeceased son or a predeceased daughter on such partition would be allotted to the surviving children of such predeceased son or predeceased daughter, if alive at the time of the partition. (c) This property shall be held by her with the incidents of coparcenary ownership and shall be regarded as property capable of being disposed of by her by will or other testamentary disposition. (d) The state enactments are prospective in nature and do not apply to a daughter who is married prior to, or to a partition which has been effected before the commencement of the Act.In Kerela Section 4 (i)[12]of the Kerela Joint Family System (Abolition) Act, lays down that all the members of a Mitakshara Coparcenary will hold the property as tenants in common on the day the Act comes into force as if a partition had taken pla ce and each holding his or her share separately. But the major criticism against the Kerela model is that if the Joint family was abolished today in the other states then a deemed partition would take place and women not being coparceners would get nothing more. Whereas if they are made coparceners, then they become equal sharers. WOMEN AS KARTA The law commission has rightly observed that although the Hindu Succession (State Amendment) Acts have conferred upon the daughter of a coparcener status but there is still reluctance to making her a Karta.This is because of the general male view that she is incapable of managing the properties or running the business and is generally susceptible to the influence of her husband and his family, if married. This seems to be patently unfair as women are proving themselves equal to any task and if women are influenced by their husbands and their families, men are no less influenced by their wives and their families. If women can act as coparcena ries then they must also be given the powers of Karta. The shastra is clear that in the absence of senior member a junior member (if he has reached the age of legal competence) may incur debts for the needs of the family, and in the absence of a male member a female member may do so[13].The Sanskrit texts empower women to act, as Karta in instances like when the husband is away or missing or the son is yet to attain majority. Various texts go to prove that the ââ¬Ëwomen in defacto is independent; as soon as her husband returns or her son attains majority she becomes dependant, but meanwhile the responsibility rests with her, and the powers should be obviously be allowed to her accordinglyââ¬â¢. [14] It is ridiculous to contend that a lady may be fit to be a High Court Judge she is not entitled to exercise within her own family the discretion that a manager can exercise. [15]à à JUDICIAL INTERPRETATION There are conflicting opinions of the various High Courts on the questi on of women coparcenary and thus a Karta.The matter for the first time came up before a full Judge Bench of the Nagpur High Court in Kesheo v Jagannath[16] where it was held that ââ¬Å"any adult member may be the manager of the joint family, and in case of a need a step mother could bind her step son, who was a minor, by alienation of the joint Hindu family property in whatever character she purported to actâ⬠. The next case that dealt with this problem was Hanooman Prasadââ¬â¢s Case[17] where the powers of the widow mother as a manager of the property of her minor son was discussed. The Court in this case held that ââ¬Å"the test of the ladyââ¬â¢s act was not who she was or in what capacity she purported to act? But whether the act was necessary or the minorââ¬â¢s interest as understood by lawâ⬠.The same view was followed in Pandurang Dohke v Pandurang Garle[18], where the widowed mother passed a promissory note for necessity, as a guardian of her two minor son s. She was a defacto manager and was held to have the managerial powers and the sons could not repudiate the debt. The view of female being the manager of the Joint Hindu family was further strengthened when the Womanââ¬â¢s Right to Property Act, 1937 was passed, which made the widow the owner of the coparcenary interest. But the Madras High Court in- Seethabai v Narasimha[19] gave a contrary decision. In this case the widows claimed that they were the undivided members of the coparcenary by virtue of the operation of the Act of 1937, they objected to the appointment of the guardian for the property of the minor sons.The Court appointed one widow, as the guardian of one minor and a stranger was appointed as the guardian of the other. None of the widows, it was held could be the manager. It was held that to be a manager one must be a pukka coparcener, a male with a birth right and not a mere statutory interest. This decision took a step back and adversely affected the position of women. The similar strand of thought was followed in Mayuri Padhano v Lokananidhi Lingaraj[20] where it was held that a mother, when the husband is alive, couldnââ¬â¢t be a manager. She might indeed act as a guardian of her son, if her husband was dead and perhaps act as a defacto guardian. But as a manager she had no power whatsoever.The principle that a woman could be a manager was decisively rejected. The High Court of Patna has asserted the same view in Sheogulam v Kishan Choudhuri[21], it was denied that a mother of a minor son, during the long absence of her husband might act as a ââ¬ËKartaââ¬â¢ and incur debts for family purposes and further that such loans would not be binding up on the family. The matter finally came up before the Honââ¬â¢ble Supreme Court in Commissioner of I. T. v Seth Govindram Sugar Mills[22], where it upheld the view taken by the Madras High Court and has overruled the decision of Nagpur High Court as they felt that it was contrary to the e stablished rules in the dharmashashtras. SUCCESSION TO PROPERTY OF FEMALE HINDUFor the first time in the Indian History U/S 14 of the Hindu Succession Act 1956, female Hindu is given absolute ownership over the property acquired by Will, sale or by any other lawful means. So far as succession to property of female Hindu is concerned the daughter, son, and the husband takes equal share by succession, which means while she is living no member can demand partition of the property. She can dispose the property either by will or by sale, if she dies without disposing the property then members gets right to inherit the property by succession. Section 15 of the Hindu Succession Act deals with the devolution of the property owned by Hindu female.If the Hindu female has inherited any property from her father or mother, such property devolves upon the heirs of her father, if there are no legal heirs, which are specified in Section 15, like son, daughter, children of predeceased son or daughte r. Likewise if the Hindu female has inherited any property from her husband or father in law, such property will devolve on the heirs of her husband if there no legal heirs like son, daughter, and children of predeceased son or daughter. DWELLING HOUSE But in case of dwelling house, the daughter U/S 23 of the Hindu Succession Act 1956, cannot claim any share by partition until male members choose to divide the share in the dwelling house. In case the daughter is unmarried, she is entitled to a right of residence there in.The daughter may loose her right to share in the property in any of the following circumstances: Section (26) ââ¬â if daughter ceases to be a Hindu by converting to another religion. Section (25) ââ¬â if daughter commits murder or abets the commission of murder of a person whose property she could have inherited. However she will not be disqualified to inherit the property only by reason of any disease, defect or deformity. PROBLEMS BY GIVING COPARCENARY RIG HTS TO WOMEN 1) Male members of the coparcenary oppose the giving of coparcenary rights to women as they are the one who manage the property. 2) Women after marriage have to change their family relations and they support their husbands in amily matters, which is quite unsatisfactory for the maternal family members. CONCLUSION There will no doubt be opposition in implementation. In fact, the land fragmentation and joint family stability arguments go back to the 1940s when the Hindu Code was being debated. Changing social attitudes takes time. Legal awareness will require a campaign too. But legal reform is also important in and of itself since it reflects our vision of the kind of society we want. BIBLIOGRAPHY 1) Deewan Paras, Family Law, Allahabad Law agency 6 ed. 2) www. google. com 3) www. yahoo. com ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â [1] Mulla, Principles of Hindu Law 17th ed by S. A. Desai, p. 168. (1998) [2] Ibid. 3] Article 38(2) ââ¬â The Stat e shall strive to minimize the inequalities in income, and endeavor to eliminate inequalities in status, facilities and opportunities, not only among individuals but also amongst groups of people residing in different or engaged in different vocations. [4] AIR 1952 Bom 84. [5] AIR 1965 SC 314. [6] (1981) 3 SCC 689. [7]Seervai, H. M, Constitutional Law of India 4th edn. , p 677 (1991). [8] The Constituent Assembly of India (Legislative) Debates Vol. VI 1949 Part II. [9] Ibid [10] Law Commission of India 174th report on ââ¬ËProperty Rights of Women: Proposed Reforms under the Hindu Lawââ¬â¢, May 2000. [11] The Kerela Joint Family System (Abolition) Act, 1975; The Hindu Succession (Andhra Pradesh Amendment)Act, 1986; The Hindu Succession (Tamil Nadu Amendment)Act, 1989; The Hindu Succession (Maharashtra Amendment)Act, 1994; The Hindu Succession (Karnataka Amendment) Act, 1994 12] The Kerela Joint Family System (Abolition) Act, 1975- S (4) Joint tenancyà to be replaced by tenanc y in common ââ¬âà à à à à à à à à à à à à à (1) All membersà ofà anà undividedà Hindu familyà governedà byà theà Mitakshara law holding any coparcenary propertyà onà the day this Act comes into force shall with effect from that day, be deemedà toà hold it as tenants-in-common as if a partition hadà taken place among all the members of that undivided Hindu familyà asà respects suchà property and as if each one of them is holding his or her share separately as full owner thereof; Provided that nothing in this sub-section shall affect the right to maintenanceà or the right to marriage or funeral expenses outà ofà theà coparcenary property or the rightà toà residence,à ifà any,à ifà à the membersà ofà anà undividedà Hindu family, otherà thanà personsà whoà à haveà à become entitled to hold their shares separately, &à any such right can be enforced if this Act had not been passed. 2) All members of a joint Hindu family, other than an undivided Hindu family referred to in sub-section (1), holding any joint family property on the day of this Act comes into force, shall, with effect from that day be deemed to hold it as tenants-in-common, as if a partition of such property per capita had taken place among all the members of the family living on the day aforesaid, whether such members were entitled to claim such partition or not under the law applicable to them, and as i. e. each one of the members is holding his or her share separately as full owner thereof. [13] 17 Derret, J Duncan, ââ¬Å"May a Hindu Women be the Manager of a Joint Family at Mitakshara Lawâ⬠, Bom. L. R.. , J. , à p. 42. [14] Derret, J Duncan, ââ¬Å"May a Hindu Women be the Manager of a Joint Family at Mitakshara Lawâ⬠, Bom. L. R.. , J. , à p. 42. [15] Derrett, J Duncan, ââ¬ËA critique of Modern Hindu Lawââ¬â¢, 1st edn. , NM Tripathi Pvt Ltd, Bomba y (1970). [16] [1926] AIR Nag. 81 [17]Hanooman Prasad Pandey V. Musumoot Baboee (1856) [18] [1947] AIR Nag. 178 [19] AIR 1945 Mad. 306 [20] [1956] AIR Ori. 1. [21] [1961] AIR Pat. 212. [22] AIR 1966 SC 24.
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