Sunday, January 26, 2020
Harmonization of International Commercial Law
Harmonization of International Commercial Law SUMMATIVE ASSESSMENT Introduction The international commercial law has grown and modified in twentieth century. Technological advances made international transactions easy and more efficient for the merchants to buy and sale across state borders. The move towards globalization comes with it several problems both for lawyers and legal systems. Outdated legal rules are obstacle to economic growth and technological development. Due to the economic demands there has always been a heavy tendency in international commercial law to uniform and harmonise. This assessment focuses on discussing the methods to achieve harmonization of international commercial law and the reasons of many areas of commercial law remain unharmonised. Harmonisation Harmonisation, is a process which may result in unification of law subject to a number of (often utopian) conditions being fulfilled, such as, for example, wide or universal geographical acceptance of harmonising instruments, and with wide scope of harmonising instruments which effectively substitute all pre-existing law. Harmonising instruments have two objectives. The first purpose is unification of law and the second purpose is creating a law reform when the current law unable to deal with developing commercial practices. The harmonisation of commercial law is considered a key factor in reducing the cost of doing business as it provides the certainty and predictability for the parties of a contract in international transactions.[1] Methods of Harmonisation A considerable number of methods came out to achieve these goals. These methods are; legislative (conventions, model laws and model legislative or treaty provisions), explanatory (legislative guides and legal guides for use in legal practice), and contractual (standard contract clauses and rules)[2] International Treaties or Convention International treaties or conventions are binding forces and will be applied directly but they are not effective unless it ratified by the nations. Treaties or conventions which represents hard law methods of harmonisation are the primary instruments. They usually embody a uniform law. Due to the international treaty reservations the degree of the uniformity decrease. Interpretation differences or mistakes may be dangerous for the uniformity of international conventions. The rules of international convention would classify the law applicable to the controversy, and the judge would make the selection of the applicable law of the jurisdiction which is highly foreseeable, fair and adequate. Conventions provide certainty of law, flexibility and adaptability however, there are some arguments against conventions. Individual nations do not intent to negotiate conventions as an equal partners. Because of this sovereignty problem may arise in the context of international commercial regulations. The negotiation and drafting process of international conventions are slowly and expensive process. Worldwide impact of conventions on domestic law reform appears to be less important impact than model laws or other soft law instruments. It is assumed that conventions decrease the competition between legal systems and regulatory arrangements. Conventions are specific and fragmentary in character. They lack coherence and consistency. Delays in ratification of the convention means it may take for a long time before the convention comes into force. They still dont have ability to react changing circumstances. They may create issues about their scope. The subject of the courts are interpretation of the statutory law and there is no guarantee that harmonised law will be interpreted in harmonised manner. International conventions are hard to amend in instances requiring a place to economic change or progress of technology or practice. Rigidity of the conventions during the treaty making process and their lack of flexibility discourages nations from implementing to international conventions. They announce uncertainty that no uncertainty existed before. Some examples of harmonising conventions are Vienna Convention on Contracts for the International Sale of Goods , the Geneva Convention on Agency in the International Sale of Goods, UN Convention on International Bills of Exchange and International Promissory Notes, the Cape Town Convention on International Interests in Mobile Equipment. Model Laws Model laws are more flexible than treaties and have no legal force, so they have soft law character. Soft law, policy declarations, guidelines or codes of conduct that set standard of conduct and not directly enforceable. Therefore, they are advisory. Domestic legislation changed for international trade to provide solutions for the international transactions. The model laws are facultative harmonising instrument which are not legally operative. With or without amendment individual nations may adopt model laws entirely or partly. However, with respect to unification their use is limited as adopting countries are under no obligation either to apply the law or accept it without variation. Furthermore, model laws mainly benefit t those countries whose law is underdeveloped in the area covered by the model law.[3] Modern Laws are more appropriate for the unification and modernization of national laws. Flexibility of the modern laws makes them easier to negotiate than a text containing obligations can not be changed. UNCITRAL Model Law on International Commercial Arbitration is a good example for model law. Large amount of jurisdiction have adopted it. In the modern global environment it is very powerful motivation for harmonization. Especially, for the developing countries which are moving from mixed or planned economies to a free market economy. Another successful instance in the area of international commercial law is the Model Law on Cross-Border Insolvency. Legislative Guides or Legal Guides They have soft law character. They can be very detailed but their effect is limited because of their non-binding nature. Governments and legislators are the users of legislative guides. Legislative guides are ideally suited to an organization like UNIDROIT. When it is not achievable or essential to develop set of rules, legislative guides may be an alternative for giving explanations in respect of contract drafting. International Business Practice Guides International business practice guides are addressed at professional and trade associations. Generally, guides are educational practices that discusses technical, economic and real background of legal problems. Also they explain and find available solutions for the legal concepts and concludes by making recommendations. International Trade Terms International trade terms promulgated by non-governmental organization. If they incorporated into a contract they can have the force of law. INCOTERMS rules codifying custom and usage such as the ICCs Uniform Custom and Practice for Documentary Credits. This is, obviously, a reference to codifications and restatements by international scholars and practitioners such as UPICC and PECL.[4] Restatements Its addresses and potential users are not only contract drafters, but national and international legislators, arbitral tribunals and courts as well. Restatements of contract law promulgated by scholars and experts. They are advisory and they have soft law character. Principle of European Contract Law (PECL) Principles of European Contract Law (PECL) was published by the Lando Commission in 1995. This commission consisted on European contract law academics. It aimsà toà produceà Europeanà Commercialà Code.à Principlesà areà moreà limitedà inà scopeà andà they dontà haveà legalà force.à However,à contractingà partiesà mayà agreeà toà giveà theirà contractsà bindingà effectà aboutà theirà contractà subject.à Manyà countriesà followedà theirà instructionsà asà aà modelà lawà reformà projectà andà partiesà toà a contractà choseà themà toà governà theirà contract.à Theyà contributedà aà keyà roleà toà theà developmentà ofà Europeanà Contractà Law. Unidroità Principlesà ofà Internationalà Commercialà Contractsà (UPICC) UPICCà representsà theà legislativeà codificationà ofà restatementà ofà aà lawà ofà internationalà commercialà contract,à butà doà notà haveà theà forceà ofà law.à Theyà offerà aà setà ofà rulesà producedà byà scholars,à whichà coverà allà importantà areasà ofà generalà contractà lawà andà appearà toà beà aà resourceà forà thoseà courtsà andà arbitralà tribunalsà whoà findà themà helpful.[5] Althoughà theseà principlesà areà notà binding,à theyà haveà managedà toà earnà recognitionà aroundà theà world,à inà academicà circlesà andà practice.à UPICCà canà responseà theà questionsà thatà notà coveredà byà theà CISG.à Theseà areà wouldà beà fraud,à authorityà ofà agents,à thirdà partyà rightsà andà others.à UPICCà isà moreà comprehensiveà instrumentà thanà CISG.à UPICCà oftenà appliedà asà aà gapà fillerà toà interpretà andà supplementà lawà instrumentsà andà specificallyà theà CISG. Institutions Intergovernmentalà andà non-governmentalà agenciesà haveà beenà involvedà inà theà harmonisationà process. Internationalà Instituteà forà theà Unificationà ofà Privateà Lawà (UNIDROIT) UNIDROITà isà anà intergovernmentalà agencyà thatà interestedà withà notà onlyà commercialà lawà butà alsoà wholeà privateà law.à Managementà ofà researchesà andà draftingà conventionsà areà theà purposesà ofà UNIDROIT.à UNIDROITà hasà producedà conventionsà whichà designedà toà operateà besidesà theà Viennaà Conventionà onà Contractsà forà theà Internationalà Saleà ofà Goodsà andà coveringà internationalà factoring,à internationalà financeà leasingà andà agency.à UNIDROITà consistsà ofà Generalà Assembly,à theà Governingà Councilà andà theà Secretariat.à UNIDROITà putà intoà useà toà enforcementà ofà internationalà agreementà orà conventionà thatà requiresà theà approvalà ofà itsà memberà countries. Theà problemà isà tha tà tradeà lawà rulesà differentà fromà oneà stateà to another.à Ità producedà à aà Hagueà Conventionà whichà uniformà lawà onà internationalà sales. Unitedà Nationsà Commissionà ofà Internationalà Tradeà Lawà (UNCITRAL) UNCITRALà isà anà intergovernmentalà agencyà thatà promulgatesà conventions,à modelà lawsà andà otherà instruments.à Especially,à ità shapesà aà modelà lawà whichà implementsà toà internationalà commercialà arbitrationà whenà eachà partyà toà theà arbitrationà hasà à itsà placeà ofà businessà inà aà differentà country.à UNCITRALà alsoà organizesà theà activitiesà ofà theà differentà agenciesà involvedà inà à internationalà tradeà law.à UNCITRALà aimsà toà helpà removeà barriersà toà internationalà trade.à Theà mostà importantà productà whichà isà constitutedà byà UNCITRALà isà theà Viennaà Conventionà Onà Contractsà forà theà Internationalà Saleà ofà Goods.à Ità aimsà toà harmoniseà theà rulesà governingà theà designà ofà à rightsà andà dutiesà underà internationalà salesà contract. Theà differenceà betweenà UNCITRALà andà UNIDROITà isà UNIDROITà wasà setà upà toà promoteà theà dynamicà harmonisationà ofà privateà lawà andà alsoà includingà commercialà lawà whereasà UNCITRALà isà aà specialistà bodyà ofà Unitedà Nationsà devotedà toà theà harmonisationà ofà internationalà tradeà law. Internationalà Chamberà ofà Commerce (ICC) ICCà whichà hasà anà non-governmentalà bodyà promotesà tradeà byà openingà marketsà andà encouragingà theà flowà ofà capital.à Havingà aà nonà lawà producingà body,à ICCà dealsà withà unifyingà andà harmonisingà commercial lawà usingà softà lawà methods.à Therefore,à ICCà doesà notà focusà onà theà preparationà ofà internationalà conventionsà or modelà laws.à ICCà promotesà uniformà tradeà terms,à uniformà rulesà andà modelà formsà whichà areà adoptedà byà contractingà parties.à Asà aà resultà ofà thisà ICCà wouldà notà convenientà forà theà developmentà ofà uniformà rules, preference ofà competingà propertyà rightsà orà theà jurisdictionà ofà courts.à Ità accomplishesà legalà studiesà onà topicà andà provides à andà arbitrationà serviceà forà disputes. Ità representsà twoà importantà internationalà tradingà instruments.à Inà theà areaà ofà internationalà disputeà resolutionà theà ICCà Courtà ofà Internationalà Arbitrationà isà aà leadingà institutions.à Theseà areà INCOTERMSà andà Theà Uniformà Customs andà Practiceà forà Documentaryà Credits.à Theyà doà notà haveà anyà legalà à statusà andà reachà theirà legalà effectà throughà contract..à INCOTERMSà setsà outà rightsà andà dutiesà forà theà partiesà ofà internationalà contract.à ICCà rulesà hasà aà fairlyà highà influence. Newà Lexà Mercatoria Newà lexà mercatoriaà isà veryà differentà fromà medievalà lexà mercatoria.à Newà lexà mercatoriaà canà beà derivedà fromà variousà sources.à Theà growthà ofà internationalà tradeà andà theà influenceà ofà mercantileà usageà haveà ledà severalà influentialà scholarsà toà concludeà thatà thereà existà aà bodyà ofà uncodifiedà internationalà commercial law,à theà newà lexà mercatoria,à whichà hasà normativeà forceà inà itsà ownà rightà andà isà dependentà neitherà onà incorporationà byà contractà norà onà adoptionà byà legislationà orà judicialà receptionà inà aà nationalà legalà system.[6] Nowà bothà professionalà associationsà andà legalà scholars areà workingà forà theà codificationà ofà newà lexà mercatoria. Ità isà suggestedà thatà newà lexà mercatoriaà mightà consistà ofà internationalà tradeà usages.à Ità hasà beenà suggestedà thatà theyà mightà includeà conceptsà suchà asà UNIDROITà Principlesà ofà Internationalà Commercialà Contractsà andà theà ICCsà Uniformà Customà andà Practiceà forà Documentaryà Credits.[7] Reasonsà ofà Unharmonised Thereà mayà beà someà obstaclesà aboutà harmonisationà processà thatà ità causesà internationalà commercialà lawà toà remainà unharmonised.à Theseà obstaclesà areà wouldà beà differencesà inà politicalà view,à languageà difficulties,à personalityà clashesà andà oneà sidesà concernà aboutà anotherà sideà thatà takingà tooà muchà dominantà role. Harmonisationà isà lengthy,à slowà andà expensiveà process.à Preparationà ofà instrumentsà ofà harmonizationà requiresà experienceà ofà theà timeà andà hardà work.à Thisà isà alsoà correctà forà allà amendmentsà andà updates.à Ità isà claimedà thatà owingà toà theà trendà ofà budgetaryà constraintsà causeà thatà legalà harmonisationà mayà leadà toà legalà fragmentation.à Economicà efficiencyà needsà toà takeà intoà account. Sometimesà choosingà wrongà typeà ofà harmonisingà instrumentsà isà alsoà anotherà reasonà forà harmonisationà failure. Harmonisingà effortsà haveà limitedà scope.à Theseà effortsà toà legislateà forà specificà topics ,à suchà aspectsà ofà theà lawà ofà saleà orà unfairà contractà terms,à takeà noà accountà ofà theà factà thatà theà treatmentà ofà suchà topicsà inà domesticà lawà mayà beà rootedà inà theà particularà legalà traditionsà ofà individual legalà systems.[8] Disparitiesà betweenà commonà lawà andà civilà lawà traditions,à socialistà andà capitalistà systemsà andà developedà andà developingà countriesà createsà problem.à Differencesà betweenà nationalà legalà systemsà alsoà causedà internationalà commercialà lawà toà remainà unharmonised.à Domesticà legalà systemsà whichà needà toà implementà theà harmonisedà lawà shouldà take intoà account.à Althoughà theà approachesà toà contractualà interpretationà areà theà same,à theà exerciseà inà practiceà couldà beà quiteà contrary,à dueà toà theà differencesà à betweenà civilà lawà andà commonà lawà systems.à Theà problemà isà distilliationà ofà theà bestà legalà rulesà fromà differentà legalà systemsà regardlessà ofà beingà testedà inà theà laboratoryà ofà anà actualà system. Internationalà contractsà thatà considersà theà interestsà ofà bothà parties,à needsà toà contributeà aà fairà balanceà betweenà civilà lawà andà commonà lawà systemsà toà whichà bothà partiesà belongà to.à Therefore,à ità isà difficultà toà provideà internationalà consensus. Inà contractà law areaà thereà isà aà lackà politicalà supportà ofà harmonisingà instrumentsà inà nationalà law. Someà scholarsà haveà arguedà thatà theà mereà existenceà ofà differentà nationalà lawsà isà aà reasonà toà engageà inà harmonizationà process.à Professor Stephan points out that divergences in national laws may cause legalà risk. Inà hisà view,à suchà legalà riskà canà encourageà opportunismà byà commercialà partiesà whoà may,à forà instance,à raceà toà litigate,à inà aà forumà thatà willà suità theirà interestsà inà caseà somethingà goesà wrongà withà theà transaction.à One of theà pitfallsà ofà theà existenceà ofà à legal riskà isà thatà atà theà dividingà lineà betweenà risky andà non-riskyà transactionsà manyà partiesà mayà desistà fromà commercial.à Accordingly,à thereà mayà beà merità inà reducingà legal riskà toà f oster.à commerce[9] However,à harmonisationà doesà notà aimà toà bringà aà mechanicalà loweringà ofà risk.à Ità mayà optimizeà theà risk,à ratherà thanà itsà elimination. Domesticà lawà isà capableà ofà easyà amendment,à onceà aà harmonisedà à instrumentà hasà beenà accomplished,à signatoriesà areà lockedà intoà ità untilà aà newà instrumentà comesà intoà force.à Unlessà wholeà individualà nationsà adoptà theà newà instrument,à thereà mayà beà moreà divergenceà thenà thereà wasà previously.à Harmonisingà institutionsà needsà toà dealà withà thisà problem.à Theyà needà toà preventà theà crystallizationà ofà harmonisation.à Thereà areà twoà aspectsà about thisà problem.à Firstà ofà all,à excessiveà timeà takenà toà createà internationalà legalà instruments.à Secondly,à ità isà excessivelyà takesà longà timeà forà nationsà toà ratifyà theà harmonizedà law. Manyà lawyersà remainà doubtfulà andà hostileà toà theà harmonisationà attempts.à Lawyersà andà legalà systemsà areà unwillingà toà giveà upà theirà ownà laws.à Ità isà consideredà byà themà thatà theirà ownà lawsà areà superior.à Ità isà probablyà theyà alsoà scareà thatà theirà nationalà lawsà wouldà loseà theirà dominantà position. Dueà toà theà differencesà in nationalà lawsà cross-borderà transactionsà areà limited.à Alsoà nationsà whichà haveà aà strongà senseà ofà superiorityà ofà theirà ownà lawsà mightà unwillingà toà changesà whereà theseà areà limitedà toà transactionsà betweenà businessesà inà differentà à states. Issuesà ofà sovereigntyà mayà ariseà inà theà contextà ofà internationalà tradeà regulation.à Alsoà someà languageà difficultiesà createsà obstaclesà forà harmonisationà process.à Accurateà andà clearà draftingà isà veryà importantà toà preventà misunderstandings.à Planningà andà managementà projectà ofà harmonisationà processà isà à notà easy.à Meetingsà mayà notà beà successfulà toà makeà essentialà progress. Problemsà withà Institutions Thereà areà someà argumentsà aboutà harmonizationà interestsà theà veryà natureà ofà theà bodiesà thatà playà aà roleà inà thisà area.à Theseà institutionsà areà bodiesà ofà expertsà andà canà notà pleaseà withà traditionalà democraticà standardsà imposedà onà nationalà legislatures.à Theyà areà notà accountableà likeà nationalà bodies.à Thisà isà theà weaknessà ofà institutions.à Lobbiesà andà interestà groupsà mayà influenceà theà lawà inà favour ofà themselves.à Theà lessà powerfulà onesà wouldà notà beà ableà toà sayà anyà thingsà inà theà draftingà processà so,à internationalà conventionsà andà legislaturesà areà saddledà withà aà takeà ità orà leaveà ità options.à Duplicationà ofà efforts,à co-o rdinationà ofà work,à inconsistencyà ofà policyà andà wasteà ofà resourcesà areà theà à otherà problemsà thatà institutionsà needà toà dealà withà duringà theà legalà harmonisationà process. Conclusion Theà harmonisationà ofà internationalà commercialà lawà doesà notà completelyà eliminateà conflictsà butà ità helpsà toà reduceà them. Aà properà reformà ofà ourà commercialà lawà requiresà aà carefulà studyà ofà developmentsà inà otherà jurisdictionsà inà bothà civilà lawà andà commonà law.à Ità isà assumedà thatà perfectà harmonisationà isà notà anà achievableà target.à Allà statesà haveà differentà nationalà strategicà interestsà therefore,à fullà harmonisationà isà politicallyà impossibleà à inà certainà areasà ofà law. Bibliography Books Goode, R. , Kronke, H. , McKendrick, E. , Transnationalà Commercialà Law;à Text,à Casesà andà Materials,à 1stà edn. , Oxford,à Oxfordà Universityà Press,à 2007 -Goode, R. , McKendrick, E. , Goodeà Onà Commercialà Law; Editedà Andà Fullyà Revisedà Byà Ewanà McKendrick,à 4thà Edition,à Penguinà Books,à 2010 -Bradgate, R. , Commercialà Law, Oxford,Oxfordà Universityà Press,à 2005 Journals -Mistelis, L. , Is Harmonisation a Necessary Evil? The Future of Harmonisation and New Sources of International Trade Law,à 2001 Faria, J.A.E. ,à Future Directions of Legal Harmonisation and Law Reform : Stormy Seas or Prosperous Voyage? Unif.à Lawà Rev,à 2009 -Osborne, P.J. ,à Unification or Harmonisation: A Critical Analysis of the United Nations Convention on Contracts for the International Sale of Goods,à à August 2006 Korzhevskaya, A. Do We Still Need a Convention In The Field Of Harmonisation Of The International Commercial Law ,à FESCO Transportation Group, (Moscow, Russia) 2014 Gopalan, S. , From Capeà Townà toà theà Hague: Harmonizationà Hasà Takenà Wing, Augustà 2015 [1] L. Mistelis,à Is Harmonisation a Necessary Evil? The Future of Harmonisation and New Sources of International Trade Law,à 2001,à p.4 [2] J.A.E Faria, Futureà Directionsà ofà Legalà Harmonisationà andà Lawà Reform : Stormyà Seasà or Prosperousà Voyage , 2009, p.8 [3] P.J. Osborne, Aà Criticalà Analysisà ofà theà Unitedà Nationsà Conventionà onà Contractsà forà theà Internationalà Saleà ofà Goodsà 1980,à Augustà 2006,à p.6 [4] R.à Goode,à H. Kronke,à E. McKendrick,à Transnationalà Commercialà Law; Text,à Casesà andà Materials, 1stà edn. , Oxfordà Universityà Press,à 2007,à p. 169 [5] A.Korzhevskaya, Doà Weà Stillà Needà aà Conventionà Inà Theà Fieldà Ofà Harmonisationà Ofà The Internationalà Commercialà Law,à FESCOà Transportationà Groupà (Moscow, Russia) , 2014,à p.89 [6] Goodeà andà E. McKendrick,à Goodeà onà Commercialà Law,à Editedà andà Fullyà Revisedà byà Ewanà McKendrick,à 4thà edn. , Penguinà Books,à p.20 [7] R. Bradgate,à Commercialà Law,à 3rdà Edition,à Oxfordà Universityà Press,à 2005,à p.17 [8] R. Bradgate,à Commercialà Law,à 3rdà Edition,à Oxfordà Universityà Press,à 2005,à p.17 [9] S. Gopalan,à Fromà Capeà Townà toà theà Hague: Harmonizationà Hasà Takenà Wing,à Augustà 2015,à p.12
Saturday, January 18, 2020
Discoveries of Maria Montessori
2. What are the discoveries of Dr. Maria Montessori ? Dr. Maria Montessori was a keen observer of children. She used her observational and experimental proclivities from her medical background to develop, what we might today call, a Constructivist understanding of the process of learning. She studied them scientifically. If she saw some unusual behavior in a child, she would say,â⬠I wonââ¬â¢t believe it now, I shall if it happens againâ⬠. She studied the conditions in which the children would perform those actions. She thought education always involved three elements: The learner, the Prepared Environment, and the Trained Adult. The basic areas in which she gave importance was freedom, independence, respect and responsibility. She believed that the child constructs knowledge from experiencing the world. Learning, she said, was not something that needed to be forced or motivated. Instead, learning is something that humans do naturally. The early years especially are ones of great mental growth. Throughout the early years of life, the child absorbs impressions from the world around him. Not with his mind, but with his life. She recognized that children go through certain phases during which they learn more easily than at any other time in their lives. This innate potential to learn is dependent upon a loving environment that encourages the active pursuit of knowledge. The child should be given the freedom to do his work and must be given the respect for the child as an individual. The behavioral change shown to respect and freedom is very eminent Dr. Montessori's developmentally-appropriate approach to learning is designed to fit each child instead of making each child fit into a preset program. She believed that learning should take place in multi-aged classrooms where children who are at various stages of development can learn from and with each other. This learning should take place in a non-competitive atmosphere in order for each child to develop at his/her own speed. Dr. Montessori observed that the best way for young children to learn is by active, hands-on experiences. She developed the idea of the prepared environment, where the classroom contains a wide variety of cognitive materials that foster learning in numerous areas. The purpose of the materials is not just to impart knowledge to children, but rather to provide them with stimuli that capture their attention and initiate a process of concentration. She was compelled to believe that the children love to do constructive work proved it suited their age and the stage of development. She observed that they worked with great interest and repeated the activities on their own volition to reach a stage of concentration. Montessori saw two streams of energy within the young child. The first is the physical energy of the body expended in voluntary movement. And the second is mental energy: the energy of intellect and will. She felt that these two streams of energy are often separated by the forces of modern life. And children who are not helped to unite them tend to move aimlessly and clumsily and have unfocused thought patterns. A unification of mental and physical energies comes about when a child becomes absorbed in work. Montessori called this ââ¬Å"normalization. â⬠And concentration, she said, was the key. The carefully prepared environment in the Montessori schools provide the opportunity for children to grow intellectually and emotionally. She decided to follow the child. Thanks to the revelations and the freedom she allowed to the children she was able to discover several aspects of the child and childhood. With her scientific approach of mind she tested whether every child in similar opportunities and similar conditions would manifest the same types of behavior. She tested these again and again and after twenty two years of such experimentation Dr. Montessori could say that she had found a method of helping children in their educational pursuits. Thus came the Montessori Method of education. Some of the discoveries Dr. Maria Montessori made during her work. 1. Children love to work purposefully. The inner drive to work is sufficient to reach their goal if it corresponded with the inner developmental need. With the provision of the necessary conditions and necessary environment the child without the instigation of an adult can reach his goal. 2. When an inner need to do something meets with the inner urge spontaneous Interest is generated. When the inner urge or the Interest finds a suitable working condition it leads to spontaneous Repetition. When this spontaneous Repetition of an activity is done with interest the natural result is Concentration. Concentration is not the end product of education, its just the beginning. Any true learning happens with concentration. The children revealed that given the right conditions they would work with concentration. 3. Very young children need order for their development. This order need not be only with things in the environment but also with values, functions and other human activities. The child needs to see human values like ââ¬ËSay the Truthââ¬â¢ being practiced. But the adults do not practice in the everyday life. The child gets confused and this can create a warp in his development. Similarly any object in the environment being used for a purpose other than it is meant for creates disturbance. (e. g. the other end of a teaspoon used as a screwdriver). Contrary instructions about behaviour muddle his decisions how some action is allowed at some other time (for example. when a visitor is there). The examples can go on multiplying but the important factor that we need to remember is that the young child is in the process of building his personality which lasts his lifetime. He needs consistency in everything in his environment. It takes a while for him to understand that things can also be different 4. Freedom is another basic requirement of a childââ¬â¢s development process. Dr. Maria found that to perform well in any activity they should be given the option to choose their own activity then only they excel it according to their own capabilities. 5. Normality depended on all the human powers working in unison, in collaboration. Very often children deviate from this normality because they do not find the conditions necessary for their development. D Montessori says that during the early childhood it is possible to rectify any developmental errors and bring the child back to normality The rectification can be made possible only by the childââ¬â¢s working individually at the developmental activities in freedom. ACTIVITY was essential. 6. These developmental activities belonged to areas that the child needed for building his personality generally activities involving sensorial concepts, language, arithmetic, art, culture were considered necessary for the childââ¬â¢s education. The introduction of the exercise of practical life as developmental activities was Dr Montessoriââ¬â¢s contribution to education. She found out how the children needed to perform these activities of everyday life. These became developmental activities especially because they brought the intelligence, will and voluntary movements together this co-ordination brought about integration of the personality Dr Montessori realized that these activities were very well understood by the children and thus mobilized their intelligence to the fullest participation. 7. Several other topics that were considered too high and out of reach for the children of 3 to 5 years were brought into the House of Children. Dr Montessori found out that these areas of knowledge are necessary for the childââ¬â¢s total development rather than being subjects to be learnt and, perhaps, memorized. The children showed that they could assimilate the knowledge if they were given in a suitable form. 8. In the House of Children, discipline that is a bugbear in educational institutions came in a new form. The children managed their individual life,their manner of speaking, moving, handling material, interacting with other children. The children revealed quiet, orderliness, remarkable work attitude striving for perfection, sense of responsibility towards themselves and the environment and also others in the community Above all they showed independence in their control of errors, love for silence, indifference with regard to reward or punishments. Discipline did not have to be enforced. 9. At a social level they lived and let others live, helping others, co-operating with them, having quarrel, exhibiting no possessiveness and giving respect for elders who worked with them. At some point of time it was also seen that the children worked irrespective of whether the elders were there or not. The absence of adults did not influence their discipline, orderliness, quiet in their individual or social life. This suggested that discipline must come from within and not imposed from outside. Discipline is an inner development born in freedom. Freedom and discipline are two faces of the same coin. These are two forms of discipline. the outer and the inner the inner discipline is a natural and inner urge to follow the laws that govern development. This inner discipline is the basic on which the outer discipline can rest. So the outer discipline imposed by the adults on the child should be in a form that will be given to the inner innate discipline and it can reveal itself in all its glory 10. Real obedience is based on love, respect and faith. When obedience leads to inner satisfaction it becomes real obedience and hence it becomes real development. 11. Dr Montessori discovered that the children are often seen to behave in a certain manner- destructive, disorderly, stubborn, disobedient etc. But in specially prepared environments and with specially trained adult they show orderly, responsible, loving behaviour both are seemingly real. But why is the contradiction? Dr Montessori says that the second instance is the real one and the very common behaviour is the result of the child not finding the right conditions for development. Dr Montessori calls this the social question of the child. This discovery was possible because she could witness this grandeur of human normality 12. Many of the activities presented to children in Montessori Houses of Children are results of observing the child and, therefore, may be considered as discoveries- The Silence Activity, Exercises of Practical Life, Walking on the Line are some of the examples. 3. It is a well-known truth that human life is a series of steps in gaining independence and credit could go to Dr Montessori who pointed that this is true with child life also. All the help we offer should lead the child to Independence in his individual and social life. The Montessori Method bases itself on these and various other discoveries Dr Montessori made while she worked with chi ldren. We might conclude by saying that Dr Montessori calls upon every adult human being to develop the humility to [earn from the child in order to help the child create a healthy human being.
Friday, January 10, 2020
Booker T. Washington vs. W.E.B Dubois Essay
Booker T. Washington and W.E.B Dubois were two famous African American leaders during the late 19th and early 20th centuries. They were both activists and wanted blacks to have an education; they also wanted to end discrimination towards blacks. These leaders both wrote great speeches which clearly specified what they thought was right for African Americans. Even though Washington and Dubois focused on the same social, political and economic issues, they strongly disagreed on strategies of achieving their goal of equality. The first African American leader that changed America forever was Booker T. Washington. Booker T. was one of Americaââ¬â¢s greatest African American leaders who believed that blacks deserved to be equal. Booker T. mainly focused on education, he wanted blacks to concentrate on their education and not equality. He believed that if blacks mainly focused on getting equality, than blacks are wasting their time because racism and hatred will always be a part of everyday life from now and even in the future for all different kinds of races, cultures and religious beliefs. Booker T. wanted blacks to have something called ââ¬Å"Industrial Educationâ⬠, and this certain type of education provided the skills needed for jobs that were available to the majority of African Americans. Since he was mainly focusing on blacks in the south, he wanted blacks toà master and be advanced at agriculture and farming skills. Booker T. statedà that overtime, whites will see that blacks have responsibility and commitment of being an American citizen. This will earn respect and equality from whites and accepted as citizens of the United States of America. Booker T. Washington was recognized as being a great speaker. He gave many motivational speeches to black people saying not to let whites control them because as American citizens you are free to do whatever you want. He told blacks to think positive and stop hiding from people that are trying to put you down in society and defend yourself on what you think is right. He told white people that you are underestimating blacks for what they could accomplish in society; you are being disrespectful to blacks just because of their skin color. The second African American leader that changed America forever was W.E.B Dubois. He focused on the exact opposite things that of Booker T. Washington. Dubois was also mainly focused on education as Booker T. Washington was, but he believed that blacks should be book smart and be as well educated as a white person, this was called the gradualist political strategy. Dubois realized that Booker T. Washington was accommodating white interests in his speech called the Atlanta Compromise, this made many people shocked on how Washington was basically saying that you can treat blacks as unequalââ¬â¢s and discriminate us as long as we get a decent education. Dubois and his supporters responded to this speech by establishing the Niagara Movement. The Niagara Movement was a group of African-American civil rights activists including W.E.B Dubois; they wrote a speech that demanded for equality and to cease discrimination. The speech claims that as American citizens, we have rights and by not giving these rights to us, you have made no accomplishment on what you founded this land for. Dubois does not believe in violence but believes that sacrifices had to be made in order to get African Americans to be seen as equals. He labels his speech in numbers from one through five and in each request; he explained each of his demands in a veryà aggressive tone. He sought for an immediate change and will not be satisfied by the little changes that will be made over time. Both Booker T. Washington and W.E.B Dubois both had great arguments and philosophies for trying to get African Americans to have futures of being seen as equals, but I felt like Booker T. Washington made more sense at the time. Booker T. understood that blacks would never be seen as equals and he accepted it. Booker T. preached that being equal is not all that important but as time goes by, we will get accepted in to this nation as equals. He said this to blacks because he didnââ¬â¢t want blacks lose faith on ever being seen as equals but instead, blacks started focusing on themselves and lived their daily lives without anyone putting the down in society. There are still many people that are racist but now they have learned to accept it and carry on with their lives. Booker T. Washingtonââ¬â¢s theory will always be a part of our nation and other countries all around the world. Booker T. Washington and W.E.B Dubois were two famous African American leaders during the late 19th and early 20th centuries. They were both believed that blacks deserved equal rights as being an American citizen. These leaders both wrote great speeches which clearly specified what they thought was right for African Americans.
Thursday, January 2, 2020
The Attack On The United States - 976 Words
The Attack on the September 11, and the consequent War on Terror changed how the American government and its public perceive terrorism and how to formulate a policy to counter the phenomenon. A couple of large wars were waged on the name of War on Terror and many other small wars and conflicts took place in numbers of countries and continents to eradicate the threat of a terrorist attack. Yet the terrorist groups survived and the United States were left with a large debt acquired by expensive counterterrorism effort. After more than a decade, we are still facing the same enemy with no concrete plan to end the conflict. As long as the United States remains as a world powerhouse and a key player in global stage, it will be a target of a terrorist attack, so there must be an effective plan to finally end the threat of terrorism. The counter-terrorism strategy of the United States following the Attack on September 11 has been largely ineffective. In order to end the Fourth Wave of Modern Terrorism, there must be a strategy shift within the United States government while simultaneously creating a counter-narrative to oppose Al-Qaeda s propaganda. The Fourth Wave of Terrorism began with Al-Qaeda and it must end with destruction of this organization. Al-Qaeda is the most notable terrorist organization of the twenty first century. Many of the group like Al-Shabaab in Somalia, Abu Sayyaf of Philippines and Boko Haram in Nigeria are designated by global community as a terroristShow MoreRelatedThe Attack Of The United States1353 Words à |à 6 Pages The date September 11, 2011 will forever in our minds. This date known as 9/11 has changed the world forever. It was horrific and devastating to the world when United States was attacked by an Islamic Extremist group called Al-Qaeda. They were on a suicide mission and planned out to target 4 main sites. 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