Saturday, March 21, 2020
Deconstruction of Magazine Article Essay Example
Deconstruction of Magazine Article Essay Certain techniques of language and layout structures are often utilised in a variety of written media, such as magazines, books and newspapers, in order to manipulate the target audienceââ¬â¢s opinions and beliefs. A journalist and their articleââ¬â¢s motives can be deconstructed by considering five specific areas: the purpose and message of the article, the target audience and their susceptibility to persuasion, the language techniques being used, the bias of the article and lastly, the tone of the article and the audiencesââ¬â¢ reactions. The article ââ¬ËRainbows for Kateââ¬â¢, written by Di Webster (March 6th 2008, Marie Claire magazine), will be analysed for its construction within the boundaries of these areas. In order to persuade a certain group of people, a journalist must construct an article with a direct purpose and with a message. ââ¬ËRainbows for Kateââ¬â¢ was written with the intent to inform readers of how friendship is very strong and is always with you when times get hard. The authors viewpoint is clear as every paragraph she talks about the meaning of life, love and friendship. This article is about how two friends come together from another mutual friend and discuss these three things. The ideal reader of this text would feel sympathy and understand why the writer would want to write this article. Instead of directing an article to the general public, a journalist must select a target demographic in order to successfully market the article and its ideas to a narrower, more specific group of people. ââ¬ËRainbow for Kateââ¬â¢ was published in the middle of Marie Claire, spreading from page 102 ââ¬â 106. We will write a custom essay sample on Deconstruction of Magazine Article specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Deconstruction of Magazine Article specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Deconstruction of Magazine Article specifically for you FOR ONLY $16.38 $13.9/page Hire Writer As it was published in Marie Claire, this indicates that the target demographic for the article is an older group of people. More specifically, the target audience includes ambitious, kind hearted adults aged 25 and above, who enjoy life and no matter what life throughs at them they will always keep positive and take it on and all it has to offer. The target demographic is also for an older person as they understand and can relate themselves to this article. They would be easily persuaded because everyone has had an experience with cancer, not necessarily themselves but a family member or a friend and would therefore be sympathetic. It is published in a respectable magazine with an informative and emotional tone; therefore they would not question the journalistââ¬â¢s article. If it were published in a different type of magazine with an alternative reputation, such as Cleo or Cosmopolitan, it would attract a different sort of audience and would also not be accepted so readily. It is the subject matter that appeals to the target demographic, rather than the language. The ideas introduced and discussed in the article, such as what is life all about, why do bad things happen to good people, is there a reason? All these topics interest the target audience. The layout of the article also assists in persuading the readers. The main picture, which spreads across two pages, is a colourful, very bright, has pictures of the friends and all the sketches of what the sass and bide collection is about. These pictures, paintings and clippings further enhance the title, which suggests that grieving in a colourful manner and using friendship as an inspiration is a great way to deal with a loss. In order to further persuade the target demographic, the journalist has incorporated several language techniques in order to convince the reader of just how genuine the friendship and love was in the article. In several sections of the article, quotes and things people did were included in the text. An example of this is when the husband of the lady that is dying says what he loved about his wife. The ladyââ¬â¢s friend then goes on to back up his stories. Throughout the article the designer from sass and bide talks about how much she connected with the sick lady and how she cant stop thinking about what they discussed. However, not all techniques and aspects which construct an article are visible to the naked eye. One of the most commonly used techniques is the bias of one side, at the exclusion of another. The excluded opinions are often referred to as the gaps and silences, or silenced voices. In this article, the main excluded groups are the educational toysââ¬â¢ spokesperson or manufacturer, parents, users of educational products and also experts on the positives and negatives of the productsââ¬â¢ use. While the article promotes attention and extended physical contact between parents and babies, it does not mention any negatives, or the possibility of giving too much attention. By not including these opinions and ideas or the positives of educational products, a strong biased is created. As there is only one side presented, readers often base their opinions on these facts and points, and do not resist what is being offered. However, not all techniques and aspects which construct an article are visible to the naked eye. One of the most commonly used techniques is the bias of one side, at the exclusion of another. The excluded opinions are often referred to as the gaps and silences, or silenced voices. In this article, there are no main groups excluded groups. All the necessary people to do with the story are mentioned. The text also does not mention any negatives. However, it would defeat the purpose of the article if there were but fortunately there are not any. In conclusion, many techniques and strategies are employed by journalists when writing and producing articles. Articles are written with a strong purpose, and are often written in order to manipulate the readersââ¬â¢ opinions. This can be done through bias, gaps and silences, the targeting of a specific demographic and also the tone it is written in. It is important to remain unaffected by the article, and to critically observe it through different viewpoints.
Thursday, March 5, 2020
How to Obtain a Copy of a Social Security Application Form SS-5
How to Obtain a Copy of a Social Security Application Form SS-5 Once youve found your ancestor in the Social Security Death Index, you may want to request a copy of your ancestors original Social Security Application. An excellent record for genealogical information, the SS-5 is the application form used by an individual to enroll in the U.S. Social Security program. What Can I Learn From a Social Security Application (SS-5)? The SS-5, or Application for Social Security Number is a great resource for learning more about individuals who died after about 1960, and generally includes the following: Full nameFull name at birth, including maiden namePresent mailing addressAge at last birthdayDate of birthPlace of birth (city, county, state)Fathers full nameMothers full name, including maiden nameSexRace as indicated by the applicantWhether the applicant ever applied for Social Security or Railroad Retirement beforeCurrent employers name and addressDate signedApplicants signature Who is Eligible to Request a Copy of the SS-5? As long as a person is deceased, the Social Security Administration will provide a copy of this Form SS-5, Application for Social Security Number to anyone who makes a request under the Freedom of Information Act. They will also release this form to the registrant (the person who belongs to the Social Security Number) and to anyone who has a release-of-information statement signed by the person about whom the information is sought. To protect the privacy of living individuals, there are specific requirements for SS-5 requests involving extreme age. The SSA will not provide a copy of the SS-5 or otherwise release information about any personà who is under 120 years old unless you can provideà acceptable proof of death (e.g.,à death certificate, obituary, newspaper article, or police report).The SSA will also redact (black out) parentsââ¬â¢ names on an SS-5 application unless you provide proof that theà parents are deceased orà both have a birth date more than 120 years ago. They will also release parents namesà in cases where the number holder on the SS-5 is at least 100 years of age. This restriction is, unfortunately, a bit tricky when your purpose of requesting the SS-5 is to learn the names of the parents. How to Request a Copy of the SS-5 The easiest way to request a copy of the SS-5 form for your ancestor is to apply online through the Social Security Administration. A printable version of this SS-5 Application Form is also available for mail-in requests. Alternatively, you can send (1) the persons name, (2) the persons Social Security Number (if known), and (3) either evidence of death or a release-of-information statement signed by the person about whom the information is sought, to: Social Security AdministrationOEO FOIA Workgroup300 N. Greene StreetP.O. Box 33022Baltimore, Maryland 21290-3022 Mark both the envelope and its contents: FREEDOM OF INFORMATION REQUEST or INFORMATION REQUEST.à There is a fee ofà $27.00 regardless of if theà Social Security Number is known, and you must provide the persons full name, date and place of birth, and names of parents. If you have a Social Security Number from family records or a death certificate but are unable to locate the individual in the SSDI, then it is strongly suggested that you include proof of death with your application, as it will likely be returned to you otherwise with that request. If the individual was born less than 120 years ago, you also need to include proof of death with your request.à The usual wait time for receiving a copy of a Social Security Application Form is 6-8 weeks, so be prepared to be patient. Online applications are generally a bit quicker - often with a turnaround time of 3-4 weeks, although this may vary based on demand. Also, it is important to note that the online application system doesnt work if you need to provide proof of death.
Tuesday, February 18, 2020
Government and business Assignment Example | Topics and Well Written Essays - 250 words - 1
Government and business - Assignment Example come the first American state to enact a blanket EPR law, which covers all products, going a step ahead of other states which have product-specific laws. A section of manufacturing businesses are obviously opposed to the expanding ambit of the EPR laws, citing the resulting increase in the price of goods, which will ultimately be borne by the customer. However, proponents of the EPR laws argue that manufacturers will be encouraged to adopt new product design, incorporating greater longevity and recyclability. The laws also reduce the burden on the tax payer. Some companies have used compliance to EPR laws as an opportunity to establish their green credentials in a bid for consumer loyalty. A call from manufacturers for a uniform national policy on EPR is fully justified. Unbridled consumerism is undoubtedly a major factor in environmental degradation. The EPR laws will go a long way in goading manufacturers into incorporating easy, eco-friendly means of disposal into their product designs. The burden on landfills will be considerably reduced. The predicted higher costs of goods may be an asset in the long run, by forcing consumers to consider repairing goods for longer life instead of approaching any product as ââ¬Ëdisposableââ¬â¢ ââ¬â at the tax payersââ¬â¢ expense! The EPR laws will be a definite asset in the battle against global warming. FOR seasoned shoppers, ââ¬Å"buyerââ¬â¢s remorseâ⬠is a familiar feeling. ââ¬Å"Sellerââ¬â¢s remorseâ⬠may also become common soon, as ever more governments order manufacturers to assume the cost of disposing of their products after consumers are done with them. Until recently, most laws on ââ¬Å"extended producer responsibilityâ⬠(EPR) or ââ¬Å"product stewardshipâ⬠applied only to specific types of goods, such as car tyres or electronics. But in late March Maine, following the lead of several Canadian provinces, became the first American state to enact a blanket EPR law, which could in principle cover any product. Governments are eager to
Monday, February 3, 2020
Article critique Example | Topics and Well Written Essays - 500 words - 2
Critique - Article Example In this study, qualitative approach was used to delve into how ethnicity may influence the academic experiences of Cambodian American students. Three groups of stakeholders were interviewed. These were students, their teachers, and school administrators (Tang & Kao, 2012). Although this research was significant in trying to delve on challenges facing the students, there was a slight problem in the period involved in carrying out the research. The period from September to January was not sufficient to come up with the conclusion of the study. Secondly, there is also lack of balance in carrying out this study. This is because only one district is involved to come out with a general conclusion reflecting on the Cambodian students (Tang & Kao, 2012). The research method used is crucial to such a sample used in the study. The other bias is on the side of the researchers. This is evident as they follow instruction from school administrators (Tang & Kao, 2012). The school administrators instructed the researcher to focus on four classrooms due to the high number of Cambodian students (Tang & Kao, 2012). There was a bias involved in this research. This is because only one district was used as a representative population. In addition, only the urban high schools were involved in this study while other local schools were not involved although there were Cambodian students attending such schools. However, the research only focused on one side hence the work is not fully credible. In this study, sufficient research was not carried. This is because the representative samples were not enough to qualify the outcome. In addition, the exact number of Cambodian students in each class could not be established. Furthermore, this article is not technically correct. This is due to attention that focused on 9th grade and left other from this research (Tang & Kao, 2012). The presentation was also minimal as evidenced by the sample size. A larger sample with regard to
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.
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