Wednesday, August 26, 2020
The Development of Behavioral Psychology Essay -- science, J.R. Angell
The human brain and the manner in which people carry on have been essential subjects of study among students of history for a long time. Studies have been directed in various expert zones to pick up information and comprehension of people, trying to control conduct. The investigation of human conduct is known as social brain research or behaviorism. The objective of early behaviorists and functionalists was to achieve an increasingly solid brain science. The behaviorists accepted they would accomplish this objective by barring thoughtfulness and spotlight on the investigation of behaviorism. This advancement was accomplished with assistance from the zeitgeist, behaviorist, and hierarchical brain science. This paper will examine J.R. Angell and his forecast of the move in brain research from reflection to behaviorism, the people and ideaââ¬â¢s assisted with doing the move, how the zeitgeist bolstered the move, and how the advancement of modern brain research had its influence in th e move. On what did Angell base his feeling? J. R. Angell was a therapist and teacher, who concentrated under John Dewey and William James. Angell filled in as a brain science educator at the University of Minnesota. It was at this college that Angell framed a brain research office in 1905 (Schultz and Schultz, 2012, p.294). Schultz and Schultz (2008) composed: J.R. Angell at the University of Chicago, maybe the most dynamic of the utilitarian clinicians, anticipated that American brain science was prepared for more noteworthy objectivity. In 1910, he remarked that it appeared to be conceivable that the term cognizance would vanish from brain research, much as the term soul had vanished. (p. 293) Behaviorism, which fought to end structuralism without bargain, was in progress when Angell offered his 2008 expression. J.R. Angell is su... ...or on the other hand people. End Brain research has developed from the establishing of behaviorism. Numerous people and thoughts had a major impact in setting the climate for behaviorism to be broadly acknowledged. Zeitgeist of that timespan had additionally added to the acknowledgment of behaviorism. Accordingly, when Watson went ahead the scene, it was not hard for his plans to be acknowledged. Indeed, even authoritative brain science had its job by demonstrating one can apply methods in each angle to bring change. Works Cited Buckley, K. W. (1989). Mechanical Man: John Broadus Watson and the Beginnings of Behaviorism. New York: The Guilford press Goss, A. E. (1961). Early behaviorism and verbal interceding reactions. American analyst, 16(6), 285-298. Schultz, D.P. and Schultz, S. E. (2012). A background marked by current brain science, (tenth Ed.) Belmont, CA: Wadsworth, Cengage Learning
Saturday, August 22, 2020
Differences in Globalization.Differences Between Globalization From Essay
Contrasts in Globalization.Differences Between Globalization From Above And From Below - Essay Example In the business front, globalization may allude to the part of contributing assets and leading organizations past household and national markets to universal markets over the world with a perspective on improving nearer relations in various markets (Investopedia 2013, p. 1). To be sure, globalization includes the formation of an open and basic worldwide market and speculation openings. By and large, globalization may characterize unmistakable political, monetary, and social procedures of a given society where it includes the decentralization of present day advances, philosophies, and practices (Najera 2007, p. 1). This takes into account the sharing of data and practicing through and through freedom in characterized angles as more individuals over the globe set up close and applicable connections. All the more in this way, this encourages global exchange, worldwide arrangements, and social trade (Investopedia 2013, p. 1). In a perfect world, there are noteworthy advantages that ident ify with globalization in the advanced world and consequently the help on globalization by different researchers. In any case, there are contrasts in regards to the future and development of globalization with certain researchers seeing globalization as a relentless procedure. This prompts the supposition of various perspectives concerning globalization. This incorporates globalization from ââ¬Å"belowâ⬠and globalization from ââ¬Å"above.â⬠The advocates of globalization may relate it to mechanical development in creating countries where such countries profit by expanded business openings and innovative exchange from the industrialized countries. For sure, globalization permits the creating countries to get financial advantages from the industrialized countries along these lines encouraging monetary development in the creating countries. By and by, we despite everything have pundits of globalization who guarantee that the advantages of globalization are inclined to vari ous dangers. Without a doubt, the pundits of globalization have homogenizing impacts on culture and endeavor the household individuals and condition (Najera 2007, p. 1). Also, they state that globalization disparages national sway and misjudges the residential work power (Investopedia 2013, p. 1). There are various instruments of globalization, which incorporate the World Trade Organization, the International Monetary Fund, and the World Bank, which recorded monstrous accomplishment in the ongoing past (Brecher, Costello and Smith 2000, p. 1). All things considered, it is clear that globalization has flourished and its application in the cutting edge world bears potential advantages. There are various sorts of globalization, which incorporate monetary globalization, social globalization, financial globalization, globalization of game, globalization of advanced education, and globalization of medication, wellbeing, religion, and science (Ritzer 2010, p. 60). All the more along these lines, there are unmistakable elements that drive contemporary globalization which incorporate innovation, free enterprise, and worldwide companies (Ritzer 2010, p. 60). By and by, there are contrasts in regards to the future and extension of globalization with certain researchers seeing globalization as an inflexible procedure (Ritzer 2010, p. 60). This prompts the supposition of various perspectives concerning globalization. This incorporates seeing globalization from ââ¬Å"belowâ⬠and seeing globalization from ââ¬Å"above.â⬠Notably, there are critical contrasts between globalization ââ¬Å"from aboveâ⬠and globalization ââ¬Å"from below.â⬠Ideally, we can allude to the perspective on globalization ââ¬Å"from belowâ⬠as equitable globalization and allude to the perspective on globalization from above as corporate globalization. All the more explicitly, globalization ââ¬Å"from belowâ⬠alludes to a circumstance where people (activists) or
Tuesday, August 18, 2020
All the Books! Podcast, Episode #13 New Releases for August 4, 2015
All the Books! Podcast, Episode #13 New Releases for August 4, 2015 This week, Liberty and Rebecca discuss Crooked Heart, Skeleton Crew, What Pet Should I Get? and more new releases. This episode is sponsored by Book Riot Live and the Book Riot Quarterly Box. Subscribe to All the Books! using RSS or iTunes and never miss a beat book. Sign up for the weekly New Books! newsletter for even more new book news. Books discussed on the show: Let Me Tell You: New Stories, Essays, and Other Writings by Shirley Jackson The Girl Who Slept with God by Val Brelinski Barbara the Slut and Other People by Lauren Holmes Single, Carefree, Mellow: Stories by Katherine Heiny Man-Eater: The Life and Legend of an American Cannibal by Harold Schechter Three Moments of an Explosion: Stories by China Miéville Goodbye Stranger by Rebecca Stead Pointe by Brandy Colbert What were reading: The Best Horror of the Year Volume Seven edited by Ellen Datlow Mothers, Tell Your Daughters: Stories by Bonnie Jo Campbell More books out today: The Daughters by Adrienne Celt Street Poison by Justin Gifford Fuzzy Mud by Louis Sachar The Night Sister by Jennifer McMahon The Casualties by Nick Holdstock Coming of Age at the End of Days by Alice LaPlante Fishbowl by Bradley Somer The Dog Master by W. Bruce Cameron Black Chalk by Christopher Yates Chinkstar by Jon Chan Simpson The Fifth Season by N. K. Jemisin The Marriage of Opposites by Alice Hoffman Into the Valley by Ruth Galm The Man Who Wasnt There: Investigations into the Strange New Science of the Self by Anil Ananthaswamy Woman with a Secret by Sophie Hannah Voices in the Ocean: A Journey into the Wild and Haunting World of Dolphins by Susan Casey Two Across by Jeffrey Bartsch Orphan Eight by Kim van Alkemade Landfalls by Naomi J. Williams The Dust That Falls from Dreams by Louis de Bernieres The Halloween Tree by Ray Bradbury Dear Illusion: Collected Stories by Kingsley Amis Wind/Pinball: Two novels by Haruki Murakami Caught Up by Shannon Holmes Sofrito by Phillippe Diederich Shetaniâs Sister by Iceberg Slim Mrs. Sinclairs Suitcase by Louise Walters All That Followed by Gabriel Urza The Eternal World by Christopher Farnsworth School for Sidekicks by Kelly McCullough Dome of the Hidden Pavilion by James Tate Dragonfish by Vu Tran Villa America by Liza Klaussmann Ivory Vikings: The Mystery of the Most Famous Chessmen in the World and the Woman Who Made Them by Nancy Marie Brown Walking with Abel: Journeys with the Nomads of the African Savannah by Anna Badkhen The Popeâs Daughter by Dario Fo Boss Life: Surviving My Own Small Business by Paul Downs Brief Loves That Live Forever by Andreï Makine The Sword of the South by David Weber Encyclical on Climate Change and Inequality: On Care for Our Common Home by Pope Francis Killing Auntie by Andrzej Bursa Confidence by Seth Landman The Song of Synth by Seb Doubinsky The Last Days of Rabbit Hayes by Anna McPartlin Give Us the Ballot: The Modern Struggle for Voting Rights in America by Ari Berman Make Your Home Among Strangers by Jennine Capó Crucet A Woman Loved by Andreï Makine Flood of Fire by Amitav Ghosh Infinite Home by Kathleen Alcott Days of Awe by Lauren Fox The Book of Luke: My Fight for Truth, Justice, and Liberty City by Luther Campbell Dome of the Hidden Pavilion: New Poems by James Tate Whirligig by Magnus Macintyre Alert by James Patterson Baba Yagas Assistant by Marika McCoola and Emily Carroll Hardcovers now in paperback: Egg and Spoon by Gregory Maguire The Secret Place by Tana French Panic in a Suitcase by Yelena Akhtiorskaya Your Face in Mine by Jess Row Hausfrau by Jill Alexander Essbaum
Sunday, May 24, 2020
Andrew Jackson Rises Up From Nothing - 896 Words
In the early 1829, Andrew Jackson rises up from nothing to create the modern presidency in the United States. He became the seventh Precedent of the United States he was known for founding the Democracy party, and for his support of individual liberty. Andrew Jackson was born in March 15, 1767 in Waxhawââ¬â¢s. Who later became a lawyer and a landowner. He became a national War hero after defeating the British in New Orleans during the War of 1812. His wife Rachel Jackson who he was married for 37 years had passed away 1 year before he became the President of the United States. He was hated by the people and loved by the others, but it never stops him to create the country for what it is now today. Andrew fought his way up to power even though, he came from an orphan never stop him from dream of one day becoming the Precedent of the U.S. He angles the nation that will cause democracy in many ways that some would never agree with him. Although, he had mid crises due to his private life he manages to overcome the obstacles and brought victory in his years of precedency. Andrew Jackson was the first president to invited the public to attend the inauguration ball at the White House he earned his popularity by opening the door to thousands of people. Jackson was the first president to accomplished his promises he made to the country. He did the Rotation in Office, reform the Banks of the United States, relocated the Indians and the most important one he pay the National Debt. HeShow MoreRelatedThe Rise Of Democracy By James Monroe921 Words à |à 4 PagesThe Rise of Democracy In the early 1800ââ¬â¢s, The United States of America was unfamiliar on how to appropriately operate the country. The Constitution was created by our founding fathers to help better the government and politics. It was also provided to help our trusted officials make good decisions, and to keep each President accountable. At the time democracy was at its peak, Andrew Jackson was President. He didnââ¬â¢t always like following the rules and democracy came with many limits and regulationsRead MoreLegend The Legend Of Sam Houston1695 Words à |à 7 Pagesmay, confirm appears to propose that his bonds to President Andrew Jackson may have encouraged his trip to Mexicoââ¬â¢s northern region. Born on March 2, 1793, in Rockbridge county, Virginia, Houston entered a growing family that already had four sons. Soon after, Sam left his Cherokee home, the War of 1812 broke out. Like most young fellows of his era, Houston excitedly joined the armed force, serving under the infamous General Andrew Jackson of Tennessee. With his magnetism and individual strength, heRead MoreCollege Debt Is Crushing a Generation of Students Essay1387 Words à |à 6 Pagesexpense of college rises, resulting in the need for students to take out loans. Many students expect to immediately get a job after graduation, however, in more recent years the chances for college graduates to get a well paying job isnââ¬â¢t nearly as high as it used to be. Because students can no longer depend on getting a job fresh out of college, it has become harder to repay the loans. Without a steady income, these individuals have gone into debt and frequently default loans. If nothing is done to stopRead MoreWomen During The Jacksonian Era1740 Words à |à 7 Pageswere able to influence government through their unwritten social laws. The Petticoat Affair describes perfectly how women made powerful political statements without even having a woman in office. The Petticoat Affair focuses on the wives of Andrew Jacksonââ¬â¢s cabinet during his first term of President of the United States. The wives and in turn their husbands had a hay day over Margaret Eaton, wife of John Eaton, Jacksonââ¬â¢s Secretary of War. Margaret Eaton was a social outcast as far as the WashingtonRead MoreA Brief Biography of Andrew Jackson581 Words à |à 2 Pagesis true when talking about him, Andrew Jackson may have had many flaws, he was a hot head and opinionated about what he believed and about what was against. He also was a man of many talents taking into consideration his history. Andrew Jackson was an aristocrat as he was also a part of the spoils system. He was a very brave and out there type of person but he was also very secluded at many times he kept to himself. To start off with Andrew Jacksons story he wasnââ¬â¢t a rich well bornRead More Andrew Jacksons Unruly Rise to the Presidency Essay2467 Words à |à 10 Pages Andrew Jacksons Unruly Rise to the Presidency In what many have called the dirtiest presidential election ever, Andrew Jackson reigned supreme over John Quincy Adams in the election of 1828. For the first time in a political campaign, the main focus was to slander the reputation of the opponent. Issues seemed to be disregarded in favor of personal attacks upon the individual. The days of standing for office and remaining silent towards the American public before elections took place wereRead MoreThe Failure of Jacksonian Democracy by Andrew Jackson585 Words à |à 2 PagesUS History to 1877 What does the term ââ¬Å"Jacksonianâ⬠democracy mean, and how it accurate is it to describe the period between 1824 and 1844. The ââ¬Å"Jacksonianâ⬠Democracyââ¬â¢s meaning originates from the political philosophy of the 7th President of the United States, Andrew Jackson. The philosophy stated intentions was to strengthen the power of the poor lower class while weakening the influence of the rich upper class. As stated in ââ¬Å"Jacksonianâ⬠democracy was intended to elevate the political processRead MoreCreation Of The United States And Political Parties2153 Words à |à 9 Pagesfilled with ups and downs. Starting out with only 13 colonies, America forcibly removed themselves from the one of the strongest empires in the world. Battling against political reform, the subtraction of resources from the motherland, the debt accrued by colonists, and the bank wars, America struggles to create a self-sustaining country. Forced Founders: Indians, Debtors, Slaves, and the Making of the American Revolution in Virginia by Woody Holton, inspects life in America leading up to the rebellionRead MoreAndrew Jackson s President Of The United States3226 Words à |à 13 PagesOn many accounts people look back on Andrew Jackson and applaud his terms as president. But those people do not look closer into his term on the huge mistake he made. To appeal his personal feelings and not for the greater good of the country, president Jackson vetoed the bill that would renew the Bank of the United States (BUS) in 1832. Because of this veto, state banks were unleashed from their restrictions and given the freedom they craved so badly. ââ¬Å"He believed the financial sector of the AmericanRead MoreBiography of President Andrew Jackson Essay2828 Words à |à 12 PagesAndrew Jackson was one of the most controversial presidents that has governed the United States, both historically and while he was the leader of the countr y. Like many Americans during the time he was born, Andrew Jackson was born to Scottish and Irish immigrant parents on March 15, 1767. It is unclear for certain which, but Jackson was born in one of the Carolinas, which at the time were British colonies. Jackson was raised as a child of the frontier, and likewise received the type of sporadic
Wednesday, May 13, 2020
Hamletââ¬â¢s Astounding Success Essay - 1959 Words
Hamletââ¬â¢s Astounding Success What secret formula did the playwright William Shakespeare use in the recipe for the tragedy Hamlet? Why, this play has been the rage for 400 years! Letââ¬â¢s analyze the reasons for its success. A.C. Bradley tells in his book of criticism, Shakespearean Tragedy, the extreme importance of the character of Hamlet to the rating of the play: Naturally then, the tragedy of Hamlet with Hamlet left out has become the symbol of extreme absurdity; while the character itself has probably exerted a great fascination, and certainly has been the subject of more discussion, than any other in the whole literature of the world. (94) In total agreement with Bradley are other critics, oneâ⬠¦show more contentâ⬠¦(99) There is no more exalted ranking than the above. Richard A. Lanham in the essay ââ¬Å"Superposed Playsâ⬠maintains that no other English tragedy has generated the literary comment which this play has produced: ââ¬Å"Hamlet is one of the great tragedies. It has generated more comment than any other written document in English literature, one would guess, reverent, serious comment on it as a serious playâ⬠(91). Robert B. Heilman in ââ¬Å"The Role We Give Shakespeareâ⬠relates the high ranking of Shakespeare to the ââ¬Å"innumerableness of the partsâ⬠: But the Shakespeare completeness appears graspable and possessable to many men at odds with each other, because of the innumerableness of the parts: these parts we may consider incompletenesses, partial perspectives, and as such they correspond to the imperfect (but not necessarily invalid) modes of seeing and understanding [. . .] . (10) Indeed, the reader finds a wide variety of ââ¬Å"partsâ⬠from beginning to end of Hamlet. This is seen in the fact of over 20 characters with speaking roles; and in their variety of occupations from king to grave-digger; and in the 20 different scene changes; and in the differentiationShow MoreRelated Freudian Analysis of Hamlet Essay969 Words à |à 4 Pagesmany places in the play to need specific reference, and is generally recognized. The latter is also manifest: Claudius says for instance (79), The Queen his mother lives almost by his looks. Nevertheless Hamlet appears to have with more or less success weaned himself from her and to have fallen in love with Ophelia. The precise nature of his original feeling for Ophelia is a little obscure. We may assume that at least in part it was composed of a normal love for a prospective bride, though the extravaganceRead MoreA Comparison of Hamlet and Mcmurphy in One Flew over the Cuckoos Nes2438 Words à |à 10 Pageshis provocati on of the other patients. Its my first day, and what I like to do is make a good impression straight off on the right man if he can prove to me he is the right man, says McMurphy in an equally witty, yet less subtle passage then Hamlets comments about his mothers wedding. It is their behavior in the latter half of each story, that ties these two together. Revenge becomes a common prompt. For Hamlet, this is simply avenging his fathers death after much contemplation andRead MoreBiography of William Shakespeare2130 Words à |à 9 Pageshad three children with her. Their daughter Susanna was born in May of 1582, and twins Judith and Hamnet were born in 1585. Shakespeare left Stratford in the 1580s to seek fortune in London, England (Chrisp, 2004). Shakespeare certainly found the success he was searching for when he began to produce plays. He learned to write by watching and performing in plays such as Thomas Kydââ¬â¢s ââ¬Å"revenge tragedyâ⬠The Spanish Tragedy. Although he had not gone to a University, his plays became popular because, as
Wednesday, May 6, 2020
Behavioral Statistics Free Essays
Researchers participating in this particular study were interested in evaluating whether occasional intervening consisting of personalized feedback can be utilized in the decreasing of alcohol abuse amongst college aged students. Research consisted of inclusion of content on personalized feedback of participants involved in the study. Methods of observation used in the experiment were; participants, measures, procedures, and results. We will write a custom essay sample on Behavioral Statistics or any similar topic only for you Order Now Participants were given the opportunity to participate in pre-interventionà assessment and randomization, various conditions of feedback, a follow-up assessment, and opportunity for compensation. The heavy drinking of some students reaches levels of clinical significance (Wechsler 3). In the research, statistical components incorporated consisted of summarization of participantââ¬â¢s drinking habits, how each individual participantââ¬â¢s drinking consumption compares to campus normatives, didactics pertaining to blood alcohol concentration (BAC), and estimation of calories consumed from alcohol binging. Face-to-face, computerized, and controlled, represented the feedback conditions used by researchers. These criterion were meant to establish proof as to whether a prominent difference is achieved between those who are allotted the assistance of a clinician, a computerized feedback form, or simply the option of responding to a personalized feedback form. Researchers concluded that the face-to-face variable along with the computerized intervention variable both succeeded equally in assisting in alcohol consumption reduction, but awarded a slight favorable edge to the face-to-face intervention, while the control condition, however, flagged behind both. Results deemed brief alcohol intervention with college student drinkers via computerized intervention an efficient mechanism in the curving of alcohol abuse among the demographic. Works Cited Weshsler, H. and T. F. Nelson. ââ¬Å"What We Have Learned From the Harvard School of Public Health College Alcohol Study: Focusing Attention on College Student Alcohol Consumption and the Environmental Conditions That Promote It. â⬠Journal of Studies on Alcohol and Drugs 2008; 69(4): 481-490. How to cite Behavioral Statistics, Papers
Monday, May 4, 2020
Developing Software For Traffic Management â⬠MyAssignmenthelp.com
Question: Disuss about the Developing Software For Traffic Management. Answer: Introduction As a project manager of the project that dealt with developing software for traffic management, I faced an unforeseen team conflict quite lately that resulted in the delay in the project processing. Team conflict is not a new thing in todays business. Different people have different perception towards a single thing and when the idea does not match, it gives rise to conflict among the team members. If this conflict is not handled or resolved properly, it may hamper the project and compromise with the creativity of the employees involved in the conflict, which in turn can affect project or the product quality in its development stage (Rispens 2012). The description, feelings, evaluation and action plan in order to settle down the conflict among the team-members that I have faced recently as a project manager is elaborated in the following paragraphs. Description Conflict among the team members, is the result of opposition in ideas and views of team members regarding a common issue. As a project manager, I have an idea that if the perception or the environment of the team or any team member is negative, the outcome will also be negative (Burke 2013). A team conflict aroused while we were working on a software development. The conflict broke in mainly due to the poor understanding of the objectives of the project because of poor-communication among the team-members. Every member had different formulas in analyzing the objective of the project resulting in difference of opinion. These differences in views gave rise to a major conflict among the team-members. The interdependent task was greatly hampered due to this conflict and at this point, as a project manager I felt to look into the matter and resolve the problem before it is too late. Feelings I could see my project suffering and missing the deadline of the first release. I felt terrible as a project manager and considered myself responsible for the conflict and the probable loss. A project managers, responsibility is to see to it whether my team is performing up to the mark and the check the progress of the task. Therefore, even I was responsible for this conflict to some extent. A project managers responsibility is to successfully plan, initiate design and execute the project (Kerzner 2013). It also relates to successful monitoring, controlling and closure of the project. Hence, it was my responsibility to manage and control the conflict in order to curb it. Evaluation The primary task required to be done to control the conflict was to know the reason of the conflict (Doucey 2017). The cause of the conflict was that, the designing team of the software made certain changes in the design of the software without consulting the coding team members. This communication gap was the major reason of the conflict. The coding team had a different perspective towards the objective of the project and they were not ready to accept the changes made by the designing team. Even the designing team was not ready to flinch from their demand. This gave rise to huge conflict and resulted in the delay in the work. The next thing, which I had to do as a project manager, was to understand the situation, making a plan to curb the issue. I understood that the conflict could have been avoided if the detailed plan about the processes of product development is made before the initiation of the project. However, since we are following an agile methodology for project development, the changes in the course of action was expected (Rossi 2013). Changes are generally implemented in the course of action on basis of users feedback. Our software was not even ready for the first release and therefore, implementing any changes during the development process was not necessary. Designing team was adamant on implementing the change, as according to their point of view, the change was necessary to implement keeping in mind the customers requirement. Development team however had a different concern. The coding procedure of the software was already at a peak stage and according to them, if the changes had to be impl emented at that stage of development, the project would definitely miss the deadline of the first release. The situation was critical, as both the teams were correct according to their point of view. In order to curb the conflict it was necessary for me to find a solution that would satisfy both the teams. Employee satisfaction is necessary to get the maximum output in work. The creativity of the employees hugely reflects in a perfect work and hence it was necessary for me to look into the employees satisfaction while acknowledging the issue. However, it was my responsibility as a project manager, to ascertain that my project release does not miss its deadline. It was indeed a critical situation, which could have been avoided, if the issue or the conflict was identified in its initial phase. Action Plan In order to manage the conflict, I at first made both the teams talk about their concerns with me and with each other. Then I briefed them the pros and cons of the issue and its effect in the overall performance of the team (O'Neill, Allen and Hastings 2013). I scheduled individual meetings with the team members to understand their perspective. I tried to bridge the communication gap between the teams and make them understand the aim of the project, which is a common goal for all the team members. The major challenge was the decision making process keeping in mind the risk associated with the decision. The major concern was not to miss the deadline of the release. Hence, I urged both the teams for co-operation. This way I could lessen the impact of the conflict. The team members were now ready to keep their ego aside and focus on the team. Both the teams were called for a meeting to reach a common settlement. Both the team leaders were asked to put forward their views and suggestion and the issue that were concerning them. The issue and the suggestions of both the team leaders were taken into consideration. I asked them to find a solution themselves. This made them talk about the issues with each other and thus I was successful in bridging the communication gap between the two teams, which was majorly responsible for the situation of a conflict. Finally, it was the time for decision-making (Pettigrew 2014). It is evaluated that the changes that were suggested by the designing team consisted of some major and minor changes. Major changes were not possible to implement because of the time crisis. However, the minor changes suggested by the designing team were possible to incorporate in the design. I found out that the major changes that were suggested by the designing team could be avoided in the first sprint release and could be incorporated in the next release (Staron, Meding and Palm 2012). Thus the decision of the excluding the major changes in the designing and developing of the software proved to be correct. The development team had no issue in implementing the minor changes, as they would not have to modify the whole coding. The developing team also agreed to implement the major changes that were suggested by the designing team, in the next release. The designing team was satisfied with the decision, as their suggestion was not scrapped out. The designing team was also suggested to do a thorough research of customers feedback after the first release and the required changes are reported well in advance so that the developing team does face any difficulty in implementing them. Conclusion Therefore, from the above discussion, it can be concluded that conflict is common in every organization. Conflict among the team members generally occurs due to difference in views and perception among the team-members. The project discussed was of a development of particular software following the agile methodology. The conflict aroused due to the differences in opinion of designing and developing team. Team conflicts hamper the performance of team members and affect the overall project. Conflict generally has damaging effects on team. Moreover, conflict results in poor co-ordination among the team-members in interdependent task. It reduces the cohesion among the team and its members and affects their ability to work as a team in achieving the goal. Therefore, managing a team conflict is very necessary. A project managers responsibility is to properly plan, initiate and execute a project. Therefore, if any conflict arises, project manager should step in, to resolve it. The methods, employed in resolving the above-discussed conflict is suitable for the cause. However, it is responsibility of the project manager to ensure that no conflict arises in the course of action for developing a product successfully. Conflict may result is a huge loss for the organization and thus it is recommended to be avoided. Changes that could be implemented to avoid this type of conflict in future are to ascertain that cohesion among the team and its members are not lost due to the communication gap or differences in opinion, and even if there is a difference among opinion, it is solved as soon as possible. References Burke, R., 2013. Project management: planning and control techniques.New Jersey, USA. Doucey, M., 2017. Understanding the root causes of conflicts: why it matters for international crisis management.The Journal,25(1). Kerzner, H., 2013. Project management: a systems approach to planning, scheduling, and controlling. John Wiley Sons. O'Neill, T.A., Allen, N.J. and Hastings, S.E., 2013. Examining the Pros and Cons of Team Conflict: A Team-Level Meta-Analysis of Task, Relationship, and Process Conflict.Human Performance,26(3), pp.236-260. Pettigrew, A.M., 2014.The politics of organizational decision-making. Routledge. Rispens, S., 2012. The influence of conflict issue importance on the co?occurrence of task and relationship conflict in teams.Applied psychology,61(3), pp.349-367. Rossi, D., 2013. Agile software development. Staron, M., Meding, W. and Palm, K., 2012. Release readiness indicator for mature agile and lean software development projects.Agile Processes in Software Engineering and Extreme Programming, pp.93-107.
Monday, March 30, 2020
The scientific method Essay Example
The scientific method Essay Laboratory Objectives After completing this lab topic, you should be able to: 1. Identify and characterize questions that can be answered through selecting investigation. 2. Define hypothesis and explain what characterizes a good selecting hypothesis. 3. Identify and describe the components of a scientific experiment. 4. Summarize and present results in tables and graphs. 5. Discuss results and critique experiments. 6. Design a scientific experiment. 7. Interpret and communicate results. Introduction Biology is the study of the phenomena of life, and biologists observe living systems ND organisms, ask questions, and propose explanations for those observations. Science assumes that biological systems are understandable and can be explained by fundamental rules or laws. Scientific Investigations share some common elements and procedures, which are referred to as the scientific method. Not all scientists follow these procedures in a strict fashion, but each of the elements is usually present. Science is a creative human endeavor that involves asking questions, making observations, developing explanatory hypotheses, and testing those hypotheses. Scientists closely scrutinize investigations in their field, and each scientist must present his or her work at scientific meetings or in professional publications, providing evidence from observations and experiments that supports the scientists explanations of biological phenomena. Read the following example and answer the questions that follow. Agricultural scientists were concerned about the effect of air pollution, sulfur dioxide in particular, on soybean production in fields adjacent to coal-powered power plants. Based on initial investigations, they proposed that sulfur dioxide in high concentrations would reduce reproduction in soybeans. They designed an experiment to test this hypothesis (Figure 1). In this experiment, 48 soybean plants, Just beginning to produce flowers, were delved Into two groups, treatment and no treatment. We will write a custom essay sample on The scientific method specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The scientific method specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The scientific method specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The 24 treated plants were delved Into four groups of 6. One group of 6 treated plants was placed in a fumigation chamber and exposed to 0. 6 pimp (parts power plant. The experiment was repeated on the remaining three treated groups. The no-treatment plants were placed similarly in groups of 6 in a second fumigation hammer and simultaneously exposed to filtered air for 4 hours. Following the experiment, all plants were returned to the greenhouse. When the beans matured, the number of bean pods, the number of seeds per pod, and the weight of the pods were determined for each plant. Figure 1 . Experimental Design for soybean experiment. The experiment was repeated four times. Soybeans were fumigated for 4 hours. Determining the Variables Read the description of each category of variable; then identify the variable described in the preceding investigation. The variables in an experiment must be Leary defined and measurable. The investigator will identify and define dependent, independent, and controlled variables for a particular experiment. A) The Dependent Variable Within the experiment, one variable will be measured or counted or observed in response to the experimental conditions. This variable is the dependent variable. For the soybeans, several dependent variables are measured, all of which provide information about reproduction. What are the dependent variables? B) The Independent Variable The scientist will choose one variable, or experimental condition, to manipulate. This arable is considered the most important variable by which to test the investigators hypothesis and is called the independent variable. What was the independent variable? Can you suggest other variables that the investigator might have changed that would have had an effect on the dependent variables? He dependent variables, only one independent variable is usually chosen. Why is it important to have only one independent variable? Why is it acceptable to have more than one dependent variable? C) Controlled Variables Consider the variables that you identified as alternative independent variables. Although they are not part of the hypothesis being tested in this investigation, they would ha ve significant effects on the outcome of this experiment. These variables must, therefore, be kept constant during the course of the experiment. They are known as the controlled variables. The underlying assumption in experimental design is that the selected independent variable is the one affecting the dependent variable. This is only true if all other variables are controlled. What are the controlled variables in this experiment? What variables other than those you may have already listed can you now suggest? Choosing or Designing the Procedure The procedure is the stepwise method, or sequence of steps, to be performed for the experiment. It should be recorded in a laboratory notebook before initiating the experiment, and any exceptions or modifications should be noted during the experiment. The procedures may be designed from research published in scientific journals, through collaboration with colleagues in the lab or other institutions, or by means of ones own novel and creative ideas. The process of outlining the procedure includes determining control treatment(s), levels of treatments, and numbers of applications. The value set for the independent variable is called the level of treatment. For this experiment, the value was determined based on previous research and preliminary measurements of sulfur dioxide emissions. The scientists may select a range of concentrations from no sulfur dioxide to an extremely high concentration. The levels should be based on knowledge of the system and the biological significance of the treatment level. What was the level of treatment in the soybean experiment? B) Replication Scientific investigations are not valid if the conclusions drawn from them are based n one experiment with one or two individuals. Generally, the same procedure will be repeated several times (replication), providing consistent results. Notice that scientists do not expect exactly the same results inasmuch as individuals and their responses will vary. Results from replicated experiments are usually averaged and may be further analyzed using statistical tests. Describe replication in the soybean experiment. C) Control The experiment design includes a control in which the independent variable is held at an established level or is omitted. The control or control treatment serves as a encroach that allows the scientist to decide whether the predicted effect is really due to the independent variable. What was the control treatment in this experiment? What is the difference between the control and the controlled variables discussed previously? EXERCISE II: DESIGNING AN EXPERIMENT In this exercise, the entire class, working together, will practice investigating a question using what you have learned so far about the scientific process. Cardiovascular fitness can be determined by measuring a persons pulse rate and respiration rate before and after a given time of aerobic exercise. A person who is more fit may have a relatively slower pulse rate and a lower respiratory rate after exercise, and his or her pulse rate should return to normal more quickly than that of a person who is less fit. Your assignment is to investigate the effect of a well-defined, measurable, controllable independent variable on cardiovascular fitness. Specific questions can be asked about an independent variable related to the broad topic of cardiovascular fitness. For example, your question might be Does cigarette smoking have an effect on cardiovascular fitness? List the questions in the space revived. Choose the best question and propose a testable hypothesis. B) Hypothesis Record the hypothesis chosen by the class. The Experiment A test, called the step test, that is often used for assessing cardiovascular fitness (Sinusitis and Fine, 1987). Here are the basic elements of this test: 1. The subject steps up and down on a low platform, approximately 8 in. From the ground, for 3 minutes at a rate of 30 steps per minute. 2. The subjects pulse rate is measured before the test and immediately after the test. The subject should be sitting quietly when the pulse is counted. Use three fingers to find the pulse in the radial artery (the artery in the wrist, above the thumb). Count the number of beats per minute. (Count the beats for 30 seconds and multiply by 2. ) 3. Additionally, the pulse rate is measured at I-minute intervals after the test until the pulse rate returns to normal (recovery time). Count the pulse for 30 seconds, rest 30 seconds, count 30 seconds, and rest 30 seconds. Repeat this procedure until the pulse returns to normal. Record the number of minutes to return to the normal pulse rate. (Do not record the pulse rate. ) As a group, design an experiment and record the components below: Dependent variable(s): Controlled variables: Control: Level of treatment: Replication: Summarize the experimental designed by your class: Prediction Predict the results of the experiment based on your hypothesis (if/then). Following the procedures established by your investigative team, perform the experiment and record your results. Results Record total class results in a Table. Identify the treatment conditions at the top of the table. Presenting and Analyzing Results Once the data are collected, they must be organized and summarized so that the scientists can determine if the hypothesis has been supported or falsified. In this exercise, you will design tables and graphs; the latter are also called figures. Tables and figures have two primary functions. They are used (1) to help you analyze and interpret your results and (2) to enhance the clarity with which you present the work to a reader or viewer. Tables You have collected data from your experiment in the form of a list of numbers that may appear at first glance to have little meaning. Look at your data. How could you organize the data set to make it easier to interpret? You could average the data set or each treatment, but even averages can be rather uninformative. Could you use a summary table to convey the data (in this case, averages)? Table 2 is an example of a table using data averages of the number of seeds per pod and number of pods per plant as the dependent variables and exposure to sulfur dioxide as the independent variable. Note that the number of replicates and the units of measurement are provided in the table and table legend. Table 2. Effects of 4-Hour Exposure to 0. 6 pimp Sulfur Dioxide on Average Seed and Pod Production in Soybeans. Treatment Number Seeds per Pod Pods per Plant intro 243. 26 16 ASS 241. 96 13 Tables are used to present results that have a few too many data points. They are also useful for displaying several dependent variables. For example, average number of bean pods, average number of seeds per pod, and average weight of pods per plant for treated and untreated plants could all be presented in one table. All values of the same kind should read down the column, not across a row. Include only data that are important in presenting the results and for further discussion. Information and results that are not essential (for example: test-tube number, impel calculations, or data with no differences) should be omitted. The headings of each column should include units of measurement, if appropriate. Tables are numbered consecutively throughout a lab report or scientific paper. For example Table 4 would be the fourth table in your report. The title, which is located at the top of the table, should be clear and concise, with enough information to allow the table to be understandable apart from the text. Capitalize the first and important words in the title. Do not capitalize articles (a, an, the), short prepositions, and conjunctions. Refer to each table in the written text. Summarize the data and refer to the table; for example, The plants treated with sulfur dioxide produced an average of 1. 96 seeds per pod (Table 2). Do not write, See the results in Table 2. If you are using a database program, such as Excel, you should still sketch your table on paper before constructing it on the computer. Application 1. Using the data from your experiment, design a summary table to present the results for one of your dependent variables, pulse rate. Your table need not be the same size or design as the sample. In your table, provide units of the dependent arable (pulse rate). Tell the reader how many replications (if any) were used to calculate the averages. 2. Compose a title for your table. Refer to the guidelines in the previous section. Interpreting and Communicating Results The last component of a scientific investigation is to interpret the results and discuss their implications in light of the hypothesis and its supporting literature. The investigator studies the tables and graphs and determines if their hypothesis has been supported or falsified. If the hypothesis has been falsified, the investigator must suggest alternate hypotheses for testing. If the hypothesis has been supported, the investigator suggests additional experiments to strengthen the hypothesis, using the same or alternate methods. Scientists will thoroughly investigate a scientific question, testing hypotheses, collecting data, and analyzing results, until they are satisfied that they can explain the phenomenon of interest. The final phase off scientific investigation is the communication of the results to other scientists. Preliminary results may be presented within a laboratory research group and at scientific meetings where the findings can be discussed. Ultimately, the completed reject is presented in the form of a scientific paper that is reviewed by scientists within the field and published in a scientific Journal. The ideas, procedures, results, other scientists. Because of this, science is sometimes described as self-correcting, meaning that errors that may occur are usually discovered within the scientific community. Scientific communication, whether spoken or written, is essential to science. During this laboratory course, you often will be asked to present and interpret your results at the end of the laboratory period. Additionally, you will write components of a scientific paper for many lab topics.
Saturday, March 7, 2020
Write Impressive Economics Personal Statement Essays
Write Impressive Economics Personal Statement Essays Write Impressive Economics Personal Statement Essay Write Impressive Economics Personal Statement Essay Although economics seems to be a very demanding discipline but still many people find themselves attracted to it. By pursuing a degree in economics students who are attracted to this subject are able to examine it in more detail and they are able to explore different sorts of interesting and complex topics in great length such as game theory, aggregate demand and supply, compound interest, stochastic dominance, etc. An economics personal statement is an essential part of admission as required by the admission board of any college. Applicants are expected to write and submit an impressive personal statement detailing what are their interests, why they want to pursue the field of economics and what makes them a good fit for their academia. In the following tips you will learn about some important elements that makes a personal statement an impressive and compelling one. Write unique statements It is very important that you give accurate answers to the questions that are asked in the personal statement. It is not unusual for a student to post the applications to several academies and it is possible that each application may have some similar questions. However, it is advisable that the student must use a slightly different statement for every application. Again, make sure that the answer is accurate and to the point. Describe yourself in an effective manner Keep in mind that a personal statement is used by the admission board to assess students for their college. Therefore, it is important that you demonstrate your experience, traits or qualities in an effective manner. Check out some sample personal statements in order to get an idea how a personal statement is written and prepare a unique statement. Keep the statement fresh, interesting and unique in order to retain the interest of the admission board. Keep your statement specific It is important to keep the statement specific and answer only what is asked. When you state that you would make an expert market analyst, you have to support such claim with particular reasons or proof. Demonstrate your general knowledge of economics or international market to the committee to back up your claims. Make your opening interesting It is also essential that the opening of the personal statement should be unique and interesting. Admission board oftentimes gets bored with reading uninteresting statements and naturally they donââ¬â¢t pay must attention to such statements. So in order to get their attention you need to start your statement with an interesting statement or sentence. Tell them about yourself In the body of the personal statement, discuss about your interests, hobbies and other necessary things which you think needs the attention of the committee. Carry out some research Carry out a detailed research on the educational institute which you are applying to. Many institutes ask the applicants why they seek admission in their academy. By doing a comprehensive research on the academy you will be able to answer them what makes them different from rest of the academic institutes. Write an attractive economics personal statement by following the aforementioned tips.
Thursday, February 20, 2020
Planning And Control Of Budgets Essay Example | Topics and Well Written Essays - 3000 words
Planning And Control Of Budgets - Essay Example Budgeting is a significant control system in almost all organizations (Armstrong et al., 1996; Ekholm and Wallin, 2000; Merchant and Van der Stede, 2003). A budget is defined as a quantitative statement, which comprises for a defined period of time. In which, planned revenue, assets, expenses, cash flows and liabilities may be included. And, it can be used for multiple purposes (Garrison and Noreen, 2003; Horngren et al., 2003).Additionally, a budget helps the organization to concentrate its current availability of resources; ensure an appropriate level of coordination has been put in place to ensuring budgetary objectives. In which, costs are highlighted to be controlled; and control is achieved when different types of budgets, such as master budgets, sales budgets, purchase budgets, production budgets are compared with the actual costs. On the other hand, planning comes after the step of determining budgets. Planning is strategy how to serve the budgetary objectives.Budgetary objec tives are achieved with the implementation of budgets. And, the prior study suggests that organizations use budgets for the attainment of their identical objectives and they are not determined in isolation (Moores and Yeun, 2001). Consequently, the reasons to the budget are going to be correlated (Shields and Shields, 1998). First, budgets are devised to be used as a means of communication horizontally and vertically. Horizontally, budgets can be used for the purpose of discussion among or between different departmental managers.
Tuesday, February 4, 2020
Margaret Atwood's Death by Landscape Essay Example | Topics and Well Written Essays - 750 words - 1
Margaret Atwood's Death by Landscape - Essay Example The dexterity with which she handled her public and private life is also included in the book. It further gives a wonderful commentary of all the published works of the author. The author compares her personality with the fictional heroines in her works. The book is both for general and specialized readership. This biography examines the authorââ¬â¢s growth in the evolution of the Canadian culture and literature. Margaret Atwoods Power: Mirrors, Reflections, and Images in Select Fiction and Poetry is a unique analysis of Atwoodââ¬â¢s works. The book presents the author as the most accomplished poet and novelist. This is a wonderful feminist analysis in which the author provides a psychoanalytic overview of Margaret Atwoodââ¬â¢s portrayal of women and power. The book gives new insights to the famous authorââ¬â¢s work and her popularity as a writer. The book presents Margaret Atwood as the most productive and versatile authors of her period. She is considered as the most fascinating writer who produces great works in any genre she chooses. This book appeared during the sixtieth birthday of the great author. The book examines the works of the author and reviews it. The book gives a great introduction to the works of Atwood, including her work ââ¬ËDeath by Landscapeââ¬â¢. Atwoodââ¬â¢s novels, short stories, poetries and other works are surveyed in the book. The crucial approaches to Atwoodââ¬â¢s works from the angle of mythology, literary criticism and cultural criticism and other topics are presented in the book. In this book the author gives a beautiful overview of the celebrated works of Atwood including ââ¬ËDeath by Landscapeââ¬â¢. The analysis focuses on her major themes. The book is thoroughly researched, giving a great analysis of the works of the famous author. The book examines nine novels of the author in groups of threes. The book highlights the interconnecting themes in the works. The themes include presentation of women as
Monday, January 27, 2020
Descartes Conceivability Argument For Substance Dualism Philosophy Essay
Descartes Conceivability Argument For Substance Dualism Philosophy Essay Substance Dualism is the view that the mind and body are distinct. It pictures the world as consisting of two independent domains, the mental and the material, each with its own distinctive defining properties. We have clear and distinct awareness that the body is physical therefore it is spatially temporary and made from atoms which follow physical laws. It has dimensions, mass, texture etc. We also have clear and distinct awareness that the mind is non-physical therefore is not made from atoms or follows physical laws. The essence of the body is to be extended whilst the essence of the mind is to think. The mind is logically distinct and an independent entity to the body. So what can be asserted for one cant be asserted for the other. The mind will continue to exist without the body. It is infinite and immortal and will go to the afterlife. But the body is subject to decay because it is physical. It is not immortal and cant exist without the mind. The claim is there are two complet ely distinct substances, where substances mean a fundamental thing rather than stuff. In Descartes Sixth Meditation, he states one of his arguments for the mind and body being distinct. This is known as The Conceivability Argument: 1. I can clearly conceive existing without my body 2. What is clearly conceivable is possible 3. So it is possible for me to exist without my body 4. So I am neither identical with, nor a part of my body 5. So substance dualism is true Descartes, when considering himself, had a clear and distinct idea of myself (himself) inasmuch as I am (he is) only a thinking and unextended thing. Since he is thinking now, he must be a thinking thing. This property must be there as it belongs to his essence. If thinking ceases then he doesnt exist, an argument which he tries to prove in his early works in The Discourse. He has a clear understanding of what thought is. This allows him possibly to be non-extended as spatial temporality is not essential to him. He also has a distinct idea of body, inasmuch as it is only an extended and unthinking thing. If we think about an object we comprehend that its necessary extended and its essence is not thinking. For example, the essence of a stone is to be extended not to be a thinking thing. It is very hard to comprehend a stone thinking and if we can it is definitely not an essence of the stone. It is possible to conceive of the mind existing without the body and the body existing without the mind. Descartes uses the word possible in the sense that it is logically conceptual therefore not self contradictory that he can exist without his body. This is because it is possible to conceive of something being extended and non-thinking. Also it is possible to conceive of something being non-extended and being a thinking thing. For example we can conceive of my mind thinking but having no spatially temporality. God can create a world where whatever is conceivable is metaphysically possible because all things which I apprehend clearly and distinctly can be created by God. Thus anything conceivable becomes an actual truth. For example God cant create a square circle as it is not metaphysically possible. But God can create me, a thinking thing, distinct from my extended body since they may be made to exist in separation at least by the omnipotence of God. Therefore it is possible that my mind can exist without my body resulting in having a body not being essential to me. Descartes is moving from this doubt of his body to his essence. Descartes is using his scepticism that he is not going to accept anything that he is not certain of. He is certain of his own thinking and existence though. He concludes that this he can be sure of but this is the only thing he can be sure of: I am a real thinking thing and really exist, but what thing? I have an answer: A thing which thinks. But there are two different meanings to a thinking thing. One is something that thinks or another is something whose essence is to think, a thing that cannot not think. These are very different claims. He is making an epistemological claim to a metaphysical claim. He is arguing from how we come to know something to what it actually is. The argument shifts from a possible sense to a possible fact: It is possible that I am a thinking thing to my essence is a thinking thing. Knowing that I am thinking, it does follow that I am thinking in one sense. If I am thinking then I must be capa ble of thinking. But the claim that his essence is thinking is fallacious. If we take John Lockes claim that God can make matter think then God can make a stone think. A stone would then know that it is only a thinking thing and not know that it is extended. Therefore as its only aware of its own perceptions it can conclude that its essence is thinking. Just as God has made the stone think, God can take this away. Therefore the stone is left with its essence being extended and non-thinking. Moreover, all because the mind and body have different essences, this does not mean that they have to be two different substances. Surely they can be one and the same thing. Cant there be one entity which is thinking and extended? Jerome A. Shaffer uses the example of one entity, a man: The defying characteristic of being a husband is being a married man and the essence of being a parent is having offspring, but one and the same person can be both. Hence all because we have conceived of two entities having different properties it does not mean that they actually exist distinct from each other. For Descartes it would seem that they have completely distinct essences that it is impossible for them to not be distinct. Therefore the example of a husband and a father is seemingly weak because the actual properties of the occupier of the essences are both extended and male. Whereas the properties of extended and thinking things have, according to Descartes nothing in common. It would appear that there needs to be a stronger example from Shaffer to show that the mind and body can be one and the same thing. George Graham has a stronger example of the Gods making Oedipus marry his mother. As he didnt want to marry her he would say: very idea disgusts me, I find it unconceivable that I will marry my mother. Oedipus then falls in love with Jocasta, who is actually his mother. If we asked him what he thought about marrying her he may say: Very idea pleases me, I find it very conceivable. We would then conclude that Oedipus can conceive of himself marrying Jocasta but cant conceive of himself marrying his mother. Therefore they are not the same person. If I can conceive of myself as disembodied but cant conceive of myself without a mind you cant conclude that your mind and body are distinct as they can be one and the same thing. This is because the conclusion is aspectual and realises on aspectual knowledge. This aspectual knowledge that Graham mentions is a major downfall to Descartes conceivable argument. Gottlob Ferge explains this with the ancients knowing that Venus is the morning star whilst believing that the evening star was Venus as well or illiterate people not knowing that water is identical to H20. The mind and body could be the same thing but he they are assessed differently, one by introspection and one by inspection but this doesnt mean they can be separated and exist apart from each other. W. D. Hart creates a story to strengthen Substance Dualism and tries to show that the mind and body are not one and the same thing. This is because we can conceive the mind to exist without a body: Imagine one morning you wake up and go to the mirror. Looking in the mirror you realise that your eye sockets are empty. You can visualise your face with empty eye sockets as it would look to you in the mirror. You then saw around your head and see that your brain is not there. You can visualise how your empty brain pan would look to you in the mirror. Lastly it is still possible to visualise if you had no body. You would see the reflection of the room in the mirror. So you have a recipe for visual experience of yourself disembodied. As this is a thought experiment it could not actually occur in the real world. But the fact that we can imagine being disembodied. As we can imagine being disembodied without contradiction, it means that it is metaphysically possible. Hart would conclude that it is metaphysically possible for me to exist disembodied. Therefore the mind and body are distinct as disembodied existence can occur. Is it not possible to conceive of water not being identical to H2O even though it is metaphysically impossible? If we can then it is possible to conceive of the mind existing apart from the body doesnt show that it is metaphysically possible. For this metaphysically possible for the mind to exist with the body then the mind must be numerically distinct from the body. Kripke used his concept of rigid and non-rigid designators for Cartesian Dualism argument to prove that they are numerical distinct: If a and b are rigid designators, it follows that a = b if true, is a necessary truth. If a and b are not rigid designators, no such conclusion follows about the statement a = b The rigid designator water is identical to the rigid designator H2O. This is true scientifically. Water is identical to H20 in every possible world. If we have two rigid designators and the two are identical then this will mean that conceivability entails metaphysically possibility. This is because we cant conceive of a possible world where H2O is not Water. According to Descartes this would mean that God couldnt create a world where Water is not H2O as they are the same substance with the same essences. We cant conceive metaphysically that water is not H2O as this would make no sense. However it does not work if we use water non-rigidly. Water may not be a direct reference to H2O but a summary of the properties. This would be topic neutral as we are leaving out the nature of water. We could have a sample of water but not know that it is H2O, just like our predecessors. We cant conceive of them being identical in every metaphysically possible world therefore H2O is not water. We can easily conceive a non-rigid designation of water, for example tap fluid, rain, a lake that may not have been H2O as it is only there empirical properties that we know. As long as it is a non-rigid designator of water and we produce the properties, water can be anything. Thus we could conceive of the substance described as having a different chemical composition in a possible world. Kripke applies this to a brain state being identical to a mental state and tries to improve Descartes argument. We are immediately subjectively aware of mental states. We have immediate perceptions of them inside me. What you are experiencing when in pain is pain. It is an internal content of consciousness and this is the only way we can understand it. Therefore it is a rigid designator. If we can conceive of mental states being identical to the body then this would mean that it would be a necessary truth. If Descartes can conceive of himself being distinct from his body then Descartes is not identical to his body. Through modern neuroscience research it is possible to see that Descartes immaterial explanation of thinking being the essence of the mind is a lot simpler than getting a brain dependent theory. He believed that: Each substance is thought to have its own laws and its own range of properties; hence research on the brain is not going to yield any knowledge of the mind. But as more research occurs with neuroscience and neurology the more we realise how absurd the concept of Substance Dualism is. The mind apparently has higher functions which are reasoning, consciousness, emotion etc. All of these higher functions can be changed by drugs or an injury. For example damage to the temporal Lobe, the person with this damage will learn complex cognitive skills but will be unaware he has done so, even while engaging in them. There are many other examples of how the brain affects our higher functions. If the brain is dependent on the mind then how can this be true? How can the brain affect thinking as thinking is not its essence? Therefore it would seem that dualism fails not so much because of our limited knowledge of the mind but rather because of modern science. As the conceivable argument needs the essence of the mind and body to show that they we can conceive of them distinctly, if Descartes has got the essences wrong then he cant conceive of himself di sembodied. Doesnt entail it false as further research may discover there is a substance dualism but at the moment there is no leads.
Sunday, January 19, 2020
Creativity in Literacy Practices
Creativity in Literacy Practices: A TEXTUAL AND CONTEXTUAL APPROACH by Agatha Xaris Villa INTRODUCTION AT PRESENT, THERE ARE A NUMBER OF APPROACHES TO THE STUDY OF LINGUISTIC CREATIVITY. THEY DIFFER IN THE WAY THE WAY THAT THEY CONCEPTUALIZE WHAT COUNTS AS CREATIVENESS OR ââ¬ËLITERARINESSââ¬â¢ IN LANGUAGE AS WELL AS IN THE METHODS THEY USE TO IDENTIFY AND ANALYZE CREATIVITY IN EVERYDAY LANGUAGE.This essay begins by discussing and exploring the premises of an analysis of creativity at text level following a textual approach to literacy and creativity; assessing the extent to which it is effective in identify creativity in literacy practices such as diaries, letters and graffiti.However, I would like to continue by presenting the argument that while literacy practices do offer opportunities for creativity at text level, the study and identification of creativity in literacy practices may be more productive when studied with a broader perspective ââ¬â one that goes beyond the limits of the text and considers the influence of context in the production, reception and processing of texts, literary practices and creativity. Creativity in literacy practices at text level LITERACY IS AN IMPORTANT ASPECT OF EVERYDAY LIFE AND IS A PART OF EVEN OUR MOST MUNDANE SOCIAL PRACTICES.WHILE THE ROLE WHICH LITERACY PLAYS IN SITUATIONS MAY VARY IN IMPORTANCE, IN THE CONTEXT OF LITERACY EVENTS WHERE LITERACY PLAYS A SIGNIFICANT ROLE, INDIVIDUALS DEVELOP CHARACTERISTIC AND PATTERNED WAYS OF USING AND INTERACTING WITH TEXTS. THESE HABITUAL PATTERNS HOLD DIFFERENT MEANING AND VALUES FOR INDIVIDUALS AND ARE WHAT WE REFER TO AS LITERACY PRACTICES. Creativity in literacy practices at the level of the text may be identified by focusing on special linguistic forms that stand out in texts. This pproach is modeled after what Carter (1999) called an inherency perspective which perceives creativity as being ââ¬Ëinherentââ¬â¢ in the creative uses of language intrinsic in text. Th e focus is on the writerââ¬â¢s skill in the manipulation of linguistic forms that constitute text on the phonological, grammatical and semantic level. Roman Jakobson (1960), one of the well-known advocates of this approach, was concerned with the ââ¬Ëpoetic function of languageââ¬â¢ which was believed to be in close relation to literariness in text.He argued that the poetic function of language involves the ââ¬Ëforegroundingââ¬â¢ of language forms which have the ability to draw attention to themselves ââ¬â making a noticeable impact on the reader. Foregrounding results from stylistic choices which may come as (1) deviations from the norms of everyday language (e. g. the use of different writing systems, lexis and ââ¬Ëfigurative languageââ¬â¢ such as metaphor and simile or (2) prominent patterns of parallelisms in phonology, grammar and semantics (e. g. meter, rhyme, etc. (Maybin and Pearce, 2006, p. 6 ââ¬â 9). By highlighting the ââ¬Ëpoetic usages of languageââ¬â¢, we can identify creativity in diaries at the text level. The metaphoric descriptions and dramatic portrayal of entities and events in diaries are ways in which individuals attempt to explore their feelings regarding their experience of the ââ¬Ëreal worldââ¬â¢ that are often difficult to describe. In addition, repeated structures and rhythms are commonly used in diaries as a form of emphasizing points in the writerââ¬â¢s diary entry.Such examples of ââ¬Ëpoetic languageââ¬â¢ may also be identified in letters. In Margaretta Jollyââ¬â¢s (1997) study of war letters, she states that letters are probably ââ¬Ëthe most common form of creative writing. ââ¬â¢ Her examples point out the creative way in which letter-writers are able to use language forms such as imagery, metaphoric and rhetorical devices as well as parallelism (more commonly related to literature) for the purpose increasing the textââ¬â¢s emotional and persuasive impact and highlighti ng contrast and subtleties of meaning (Maybin, 2006, p. 72). The ââ¬Å"art of graffitiâ⬠is a long-standing tradition with the ability to exhibit creativity at text level both in its traditional and embellished form. Creativity is seen in the use of rhythmic repetition, puns and contradictory voices (as in parody and irony), the use of non-standard spelling and punctuation (usually in line with a particular artistic style) and the use of text and decoration for aesthetic and communicative purposes.While it is possible to be able to identify creativity in literacy practices at text level, this approach is somewhat limited because it fails to take into account: (1) the interactive features and functions of literacy practice, (2) the influence of its socio-cultural and historical context and more importantly (3) the creativity in language practices that is inherent and emergent from social practices in particular contexts.Therefore, I suggest that a better and more efficient way to identify and evaluate creativity in literacy practices, is one that approaches literacy from a more contextual approach, more specifically from an ethnographic perspective. Creativity and literacy practices from an ethnographic approach According to the ethnographic approach defined by Papen and Tusting (2006, p. 312-359), creativity refers the production of something ââ¬Ënewââ¬â¢ and ââ¬Ëoriginalââ¬â¢. In written language, creativeness should not be perceived as a decontextualised, individual activity or as being entirely shaped by context.It should be seen as being dependent on and emergent from the creative literacy practices through which texts are constructed because they are shaped by people, who in pursuit of their own goals and purposes, actively draw on the interactional, contextual and socio-cultural possibilities available in the particular social situation they are embedded. Literacy practices are inherently creative in and of themselves. The ethnographic perspective takes into account the broader social-political context within which creativity is located and through their examination of iteracy practices and texts, advocates of the ethnographic approach found three major characteristics of creativity in writing. To begin, by focusing on peopleââ¬â¢s literacy practices rather than just texts, they noted that creative texts are produced as a result of interactive collaboration. Diaries, although written by a single person, emerge from an individualââ¬â¢s account and reflection of events and various conversations and interactions with people.Diaries and journals are dialogic practices wherein the writer addresses and responds to a ââ¬Ëreaderââ¬â¢ and have the potential to be re-contextualized in different publications to address a wider readership (Maybin, 2006, p. 269) This dialogical aspect is more evident in web blogs or online journals in which people often (1) write in response to the entries of others, (2) write entr ies addressed to others and (3) write with the expectation and even the goal to get as much response from others. Maybin (2006, p. 73) tells us that letters are even more intensely dialogic in nature. I believe that letters are best viewed as mediums of ââ¬Ëcorrespondenceââ¬â¢ wherein we present written versions of our personal experience, relationships and identities in relation to an assumed reader who then responds by confirming or questioning. Letters are shaped by and inspire collaborative practices An interesting characteristic of graffiti that I believe exemplifies the collaborative nature of creativity is the way that graffiti attracts graffiti (Macdonald, 2006).A graffiti-covered wall may look like vandalism to law-enforcers or a rather threatening cacophony of ââ¬Ënamesââ¬â¢ to the common passerby but it constitutes a symbolic exchange between members of a sub-group. In the world of graffiti, tags located on the same space are often interpreted in relation to t heir positioning and proximity to each other. They may be viewed as a sign of respect, acknowledgement or outright disregard ââ¬â a reflection of the intensely competitive nature of this practice.In addition to the collaborative nature of creative literary practices, the ethnographic approach pays careful attention to the influence of the context of reading and writing in the development of creative practices (Papen and Tusting, 2006, p. 320). They argued that in any given opportunity, there is particular set of possibilities and constraints that provides the opportunity for creativity. This involves affordances (i. e. properties of the environment, arising from its material characteristics which may be positive or negative depending on the individual) from new forms of technology, discourse conventions as well as inter-textual and material resources available to producers of text. An important thing to note is while possibilities may determine what is possible in any given cont ext, the possibilities associated with a setting do not determine what is created.For example, while people may be able to describe events, sights and even people through the practice of diaries and letters, there are abstractions such as feelings and intensely traumatic situations (such as in war) that are far more difficult to describe and articulate. In order to overcome this type of ââ¬Ëconstraintââ¬â¢ on expression, writers make use of metaphoric language and parallelisms, enabling them to represent their feelings and experiences in ââ¬Ëwordsââ¬â¢ that their readers may be able to relate to. Creativity may also emerge from socially-constrained situations.Graffiti emerged from the same socially and economically impoverished areas in America where gangs are notoriously prominent. Because graffiti is an act of illegitimacy and opposition, graffiti artists face the constant risk of being caught by the police or by rival gangs each time they make a ââ¬Ëtagââ¬â¢ or do a ââ¬Ëpieceââ¬â¢. But this high-risk and intensely competitive literacy practice is a stage on which young men may choose an identity of their own making, present it in the style of their choice and regain control of their own ââ¬Ëfateââ¬â¢ ââ¬â free from the constraints of their socio-economic backgrounds (Mcdonald, 2006).Social, economic or technological changes may result in the introduction of new affordance and constraints to any given context (Papen and Tusting, 2006, p. 325). For example, the popularization of the internet brought about the development of Computer Mediated Communication (CMC), resulting in the creation of new literary genres and changes in literacy practices. According to Kress (2003), creativity may be perceived as inherent in CMC using the two concepts of ââ¬Ëtransformationââ¬â¢ and ââ¬Ëtransductionââ¬â¢.Transformation is the way that the text producers manipulate the forms of signs within a mode to suit their needs and intere sts. Transduction, on the other hand, refers to the movement of ââ¬Ësemiotic materialââ¬â¢ between modes where meaning configured in one mode is moved to another. Online diaries, known as online ââ¬Ëblogs, perform the same function as traditional diaries and even employ the same linguistic forms. However, bloggers now have access to a greater degree of interactive, inter-textual and multi-modal resources.Whereas in the past, writers creatively used language to express their thoughts and feelings through metaphors and similes, bloggers can now make use of pictures, videos, music, emoticons, avatars and (through hyper-linking) other texts to represent themselves and their lives online. Similarly, the literacy practice of letter-writing is far from extinct in todayââ¬â¢s modern ear but has taken up a new form ââ¬â that is, electronic mail (e-mail). As a medium of communication, email has enabled cross-cultural communication and the creation of online relationships and à ¢â¬Ënetworkingââ¬â¢ communities.Finally, the ethnographic perspective sees creative literacy practices in everyday life as being embedded in socio-cultural practices situated in institutional, political and economic structures. These structures are in a constant state of movement and change therefore taking on a historical perspective towards literacy practices is a necessity. Based on observation and study, changes in socio-economic conditions are often accompanied by changes in the linguistic and semiotic means available to a community as in the case of the following account of changes to a Nepali rural community Papen and Tusting, 2006, p. 328). The 1980s was a time of great social and economic change in Junigau, Nepal. In 1983, the village set up its first high school, providing greater access to education for men and women ââ¬â resulting in great changes to the literacy practices used by the young. A new form of ââ¬Ëprolonged courtshipââ¬â¢ (i. e. , love-letter w riting) had become increasingly popular among the youth, improving gender relations and changing marriage practices (as the young were becoming more resistant towards arranged marriages).The way in which these love-letters encapsulated new ideas on personal identity and individual agency which held no cultural precedent in their village is an example of how social and cultural change is closely related to the creation of new literacy practices (Papen and Tusting, 2006, p. 328) Conclusion ANALYZING CREATIVITY AT TEXT LEVEL, ALLOWED US TO IDENTIFY CREATIVENESS IN TEXTS AS IS REVEALED BY THE USE OF POETIC LANGUAGE OR LINGUISTIC FORMS COMMONLY ASSOCIATED WITH LITERATURE.THIS APPROACH HOWEVER WAS VERY MUCH LIMITED DUE MAINLY BY THE NARROWNESS OF THE INHERENCY MODELââ¬â¢S DEFINITION OF WHAT CONSTITUTES AS CREATIVITY AS WELL AS TO ITS LACK OF CONSIDERATION OF CONTEXTUAL FACTORS AND THE INHERENCY OF CREATIVITY IN LITERACY PRACTICES. In taking an ethnographic/historical perspective, chara cteristics of creativity that are inherent in literacy practices become more salient. Through our understanding of the three characteristics of creativity in literacy practices, weââ¬â¢ve identified creativity beyond the level of the text.This contextual approach showed us how creativity is exhibited in literacy practices in the way that (1) texts are read and used, how the writer interacts with other individuals;(2) how people are able to creatively use language in relation to the possibilities and constraints available in particular contexts and finally, (3) individuals are able to adapt and respond to changes in discourse practices and socio-cultural conditions. References CARTER, R. (1999). ââ¬ËCOMMON LANGUAGE: CORPUS, CREATIVITY AND COGNITIONââ¬â¢, LANGUAGE AND LITERATURE, 8(3), P. 196-216 Jakobson, J. (1960). Closing statement: linguistics and poeticsââ¬â¢, in T. A. Sebeok (ed. ) Style in Language, MIT Press. Jolly, M. (1997). ââ¬ËEveryday Letters and Literary F orm: Coresspondence from the Second World Warââ¬â¢, unpublished MPhil, University of Sussex. Kress, G. (2003). Literacy in the new Media Age. London and New York, Routledge. Macdonald, N. (2006). Chapter 6. Reading B: ââ¬ËThe spray-can is mighteier than the sword: graffiti writing and the construction of masculine identityââ¬â¢ in Maybin, J. and Swann, J. (eds) The art of English: everyday creativity. Palgrave Macmillan/The Open University, p. 293 ââ¬â 302. Maybin, J. 2006)(Ed. ) Chapter 6 ââ¬ËWriting the selfââ¬â¢, in Maybin, J. and Swann, J. (eds) The art of English: everyday creativity. Palgrave Macmillan/The Open University, p. 261 ââ¬â 279. Maybin, J. and Pearce, M. (2006). Chapter 1 ââ¬ËLiterature and creativity in Englishââ¬â¢ in Goodman, S. and Oââ¬â¢Halloran, K. (eds) The art of English: literary creativity. Palgrave Macmillan/The Open University, p. 6-9. Papen, U. and Tusting, K. (2006). Chapter 7 ââ¬ËLiteracies, collaboration and context ââ¬â¢ in Maybin, J. and Swann, J. (eds) The art of English: everyday creativity. Palgrave Macmillan/The Open University, p. 312 ââ¬â 331.
Saturday, January 11, 2020
Forfeiture Clauses in Construction Contract
In building and engineering contracts it is usual to insert a provision empowering the employer to forfeit certain rights or property of the contractor on the occurrence of certain events. ââ¬Å"Forfeiture clauseâ⬠is a loose term usually used to describe a clause in a written building contract giving the employer the right upon the happening of an event to determine the contract or the contractorââ¬â¢s employment under it, or to eject the contractor from the site, or otherwise to take the work substantially out of his hands.In standard form building contracts it is usually referred to as ââ¬Ëdetermination of employmentââ¬â¢ or termination. In this sense JCT SBC 05 clauses 8. 4 and 8. 9 which relates to termination by employer and contractor respectively are forfeiture clauses. It is common in construction contracts to find determination clauses allowing either side to bring their contractual obligations to an end should an event specified occur due to the actions or i nactions of the other.It would seem that common law determination and determination under a clause of contract are alternatives. There are differences between the processes. First, whereas common law determination depends upon repudiatory conduct or a fundamental breach, the grounds of determination specified by the contract need not exhibit these features, although frequently such will be present. Second, the remedies for common law determination are provided by law, whereas with a contractual determination the clause itself must expressly deal with the issue of remedies.Third, at common law in the face of repudiatory conduct or fundamental breach the innocent party need only indicate to the other that he accepts the breach and considers the contract discharged. Under a contractual determination clause the procedure specified must be carefully followed, failure to so may prevent a successful determination. The right of forfeiture may be stipulated to accrue either 1) on the bankrup tcy of the contractor only, or ) on his bankruptcy and also on the occurrence of other events, or 3) on the occurrence of other events only Clause 8. 5. 1 of the JCT SBC 05 states that if the contractor is insolvent, the employment may at any time by notice to the contractor terminate the contractorââ¬â¢s employment. Similarly Clause 8. 10. 1 of the JCT SBC 05 states that the employer is insolvent, the contractor may by notice to the employer terminate the Contractorââ¬â¢s employment under the contract.A provision empowering the employer to forfeit the contract on the bankruptcy of the contractor is introduced into building and engineering contracts for the purpose of preventing a contractorââ¬â¢s trustee in bankruptcy from electing to complete the contract, and such a provision is valid, if it is coupled with a stipulation that the contractorââ¬â¢s contract shall be a personal one; and further, so far as the forfeiture affects the mere licence of the contractor to enter upon the site, it would seem that the revocation of that licence can be conditioned on bankruptcy, as a mere licence does not seem to be included in the definition of property[1].A trustee, however, would be entitled to enter the site to remove property of the bankrupt in respect of which the employer had no right under the contract The validity of a right to forfeit on the bankruptcy of the contractor is dependent on the nature of what is stipulated to be forfeited.In addition to bankruptcy, forfeiture is usually conditioned upon the happening of one or more of the following events: 1)not commencing the work 2) not regularly proceeding with the work for a fixed number of days[2], 3) not proceeding to the satisfaction of the employer or the architect[3], 4) not proceeding with such despatch as, in the opinion of the architect, will enable the works to be duly completed by the time stipulated, 5) not observing some stipulations of the contract[4] 6) leaving the works in an unfinishe d state, or 7)failing after proper notice to rectify defective work, 8) not maintaining the works[5] JCT 05 SBC Clause 8. states: 1. Notice of termination of the Contractorââ¬â¢s employment shall not be given unreasonably or vexatiously. 2. Such termination shall take effect on receipt of the relevant notice 3. Each notice referred to in this section shall be given in writing and given by actual, special or recorded delivery. Where given by special or recorded delivery it shall, subject to proof to the contrary, be deemed to have been received on the Second Business Day after the date of posting. Also Clause 8. 3 of the JCT 05 states: 1. The provisions of clauses 8. 4 to 8. 7 are without prejudice to any other rights and remedies of the Employer.The provisions of clauses 8. 9 and 8. 10 and (in the case of termination under either of those clauses) the provisions of clauses 8. 12, are without prejudice to any other rights and remedies of the contractor. 2. Irrespective of the grou nds of termination, the contractorââ¬â¢s employment may at any time be reinstated if and on such terms as the parties may agree The requirements of the contract must be properly complied with, for the courts construe forfeiture clauses strictly[6], and a wrongful forfeiture by the employer or his agent normally amounts to a repudiation on the part of the employer[7].There must be some definite unqualified act showing that the power has been exercised, although writing or other formality is not necessary unless expressly required. The contract may also require a certain notice to be given, and that such notice must set out the default complained of[8]. In appropriate circumstances the notice may be of a general character and need not necessarily refer to the number of the clause which is being invoked, provided that there is no doubt that it is exercising or purporting to exercise the contractual power of determination[9].But it is obviously preferable to state explicitly the clau se relied on and to follow its actual wording as closely as possible. It also seems that if a material statement in such a notice is made recklessly, without an honest belief in its truth, the notice is a nullity. Forfeiture in reliance on such a notice would be ineffective and would normally amount to repudiation by the employer. When an event occurs which gives rise to the right to forfeit, the power of forfeiture must be exercised within a reasonable time or the employer will be deemed to have waived his ight unless the event is a continuing breach of contract. Where the contract provides for termination of the contract by a warning notice followed by a termination and two notices have been served, a party can only rely on that provision if an ordinary commercial businessman can see that that there is a sensible connection between the two notices both in content and in time as seen in the case of Architectural Installation Services v James Gibbon Windows[10]Also, where the contra ct provides for completion by a certain date and also provides for forfeiture for delay, and the completion date has passed, it is a question of construction whether the forfeiture clause for delay can still be enforced. Thus where the object of the clause was to enable the architect to ââ¬Å"have the means of requiring the works to be proceeded with in such a manner and at such a rate of progress as to ensure their completion at the time stipulatedâ⬠it was held that the clause did not apply after the completion date[11].But in another contract where the clause provided ââ¬Å"for the execution of the work with due diligence and as much expedition as the surveyor will requireâ⬠, it was held that the clause was as much applicable to the fulfilment of the contract within a reasonable time as to its completion by the contract date. The parties may agree that any consequences may follow the exercise of a right of forfeiture[12], provided there is no illegality, nor fraud on the bankruptcy law, and the clause is not so onerous that it will not be enforced on the grounds that it is a penalty[13].The employer is usually given the right to take possession of the site and complete the works. In addition, there is frequently a clause vesting the property in unfixed materials, and perhaps plant, in the employer, or there may be merely a right to seize the materials[14] or hold them by way of lien[15] until they are built into the works, or there may be clauses giving the employer rights to use the contractorââ¬â¢s plants and materials[16]. Where the contractor is guilty of any of the defaults specified in clause 8. . 1 JCT 05 SBC, the contract administrator is to issue a written notice specifying the default. If the default is then continued for 14 days, the employer may within 10 days of the continuance terminate the contractorââ¬â¢s employment by using a notice to this effect. Furthermore, if termination does not take place on this occasion, any subse quent repetition of a specified default gives the employer the right to terminate immediately; there is no need (and indeed no power) to issue a second default notice. 17] It is also expressly provided under clause 8. 2. 1 that a notice of termination is not to be given ââ¬Ëunreasonably or vexatiouslyââ¬â¢ When an employer, in exercise of his rights under a forfeiture clause, enters and completes the work and uses the contractorââ¬â¢s materials or plant, or holds retention money due to the contractor, he must, subject to the provisions of the contact, account to the contractor. He will have to show that that the materials and plant and money were expended reasonably[18].The Court, it would seem ,as seen in Fulton v Dornwell[19], will make full allowance for extra cost caused by the disruption and delay occasioned by the contractorââ¬â¢s default. Also, where the employer determines the contract under a forfeiture clause because of some breach of contract by the contractor , the employerââ¬â¢s right to damages depends upon the wording of the contract. He may not be entitled to the enhanced cost of completing by another contractor if the breach for which he determined the contract did not amount to repudiation and the contract does not so provide. 20] Termination of contract was examined in the recent case between Ellis Tylin ltd v Co-operative Retail services[21]. Co-operative Retail services Ltd (CRS) is a national retailer which operates from approximately 730 premises across the country. In early 1996 it contracted with Ellis Tylin the task of maintaining and repairing mechanical and electrical plant within its various premises. The contract was for a period of three years with provision for revision of rates of payment at the end of the first and second years.Disputes arose as to the scope and responsibility for works carried out under the agreement and the operation of the contract came to an end three months after the end of the first year. C lause 1. 8 of the agreement concerned the review of fees for the maintenance services and the rights of either party to terminate the contract in the event that agreement could not be reached. Disputes arose as to whether the proper mechanisms for termination had been applied and the court was asked to consider these questions as preliminary issues.It was acknowledged that the right of Ellis Tylin to end the agreement pursuant to clause 18 only arose if Ellis Tylin first took the action described within that clause. This involved making a written proposal for the revision of the amount of the fees after the expiry of ten months from the date of commencement of works. CRS argued that Ellis Tylin had failed to follow this procedure. Counsel for CRS submitted that clause 1. 8 of the contract should be construed either as a determination clause or as a break clause comparable to the type of provision found in leases. Strict compliance was required.The act of contractual determination wa s one which deprived the other party of the benefit of the contract it had concluded. His honour Judge Bowsher QC reviewed textbooks on the subject of contractual termination. In Chitty on contracts (27th edition)[22], it was stated ââ¬Å"the terms of the of the termination notice may provide that notice can only be given after a specified eventâ⬠. In the Interpretaion of contracts by Kim Lewison QC[23], it is stated ââ¬Å"An option to terminate is construed in the same manner as any other option, and accordingly any condition must be strictly complied with.Any condition precedent must be strictly fulfilled. The clause must be exercised strictly in accordance with its termsâ⬠. Also Hudsonââ¬â¢s Building and Engineering (11th edition) states[24], ââ¬Å"Exact and meticulous compliance by the determining party with any formal or procedural requirements laid down in the termination clause, for example, as to notices or time limits, will usually be required if a contractu al termination is to be successfulâ⬠Judge Bowsher added however, that words in a contract should be given a natural and ordinary meaning and he quoted Lord Diplock when he said in Antaios Cia Naveira SA v Salen Rederierna AB[25]: ââ¬Å"if detailed semantic and syntactical words in a commercial contract is going to lead to a conclusion that flouts business common sense, it must be made to yield to business common senseâ⬠.Judge Bowsher concluded that whilst Ellis Tylin had given notice earlier than the time period set down in the contract, there could be no doubt of the intention that negotiations should take place for a revision of the fee. Taking into account all the evidence he concluded that Ellis Tylin had given valid notice of termination of agreement. However, subsequent evidence showed that the parties had in fact agreed revision to the fees to be submitted to the second year of the contract.Accordingly the notice of the termination had been overridden, and could no t be regarded as a valid notice. By ceasing to work following expiry of its invalid termination notice, Ellis Tylin had repudiated the contract. The wrongful operation of a termination clause (i. e when you are not entitled to) amounts to repudiation. A contractual power of determination will be wrongly exercised if the events upon which it is conditioned are not established (unless the contract provides for that question to be concluded by a binding opinion or certificate).In the great majority of modern contracts the question will be subject to review by an arbitrator or the courts, however; and it has also been seen that the courts have, under some clauses, been prepared to imply a term that the exercise of the power itself should be reasonable as seen in Renard Construction v Minister of Public Works[26]. Contractual determinations will also be wrongful if exercised prematurely in breach of a contractual time limit, however marginally.It is an unavoidable feature of construction contracts that an employerââ¬â¢s purported determination will in nearly all cases constitute a repudiatory breach, if whatever the general merits, it later transpires that the determination was invalid. In such a case, if the contractor has accepted the repudiation by leaving the site, the owner will be liable for the possible heavy damages attendant upon repudiation and cannot, if he discovers his mistake, restore the contract status quo ante without the agreement of the contractor.The purported exercise of a power to forfeit may be invalidated either by reason of the fact that the events upon which it is conditioned have not occurred; or, that a correct notice has not been given[27], or that that a sufficiently clear election to exercise the right has not been made, or that there has been a been delay or other conduct recognising the continued existence of the contract after knowledge of the breach, if the breach is not a continuing one.Generally, the measure of damages in the case of a wrongful forfeiture falls to be determined by the ordinary common law rules. Per Lord Cranworth in Ranger v G. W. R. y,[28]: ââ¬Å"The right of the appellant (the contractor) would be to recover such amount of damages as would put him in as nearly as possible the same position as if no such wrong has been committed-that is, not as if there had been no contract, but as if he had been allowed to complete the contract without interruptionâ⬠In Smith v Howden Union (1890), the plaintiff had nearly completed a sewerage contract and the engineer fraudulently refused to certify. The defendants took possession of the works and certain plant. It was held that the plaintiff was entitled to damages for prevention of completion, such damages being what he would have been entitled to if he had completed and the engineer had certified; and judgement was given for the unpaid balance of the contract price, extras properly ordered, extras properly certified, and the value of the plan t seized.The principle remedy for any breach of contract is an award for damages. As a general principle, where an employer is guilty of a breach of a construction contract, the contractor is entitled to damages under two headings. The first is damages for any actual loss that has been suffered, and the second is damages for any profit of which the contractor had been deprived. Where the employerââ¬â¢s breach is sufficient to justify the contractor in terminating the contract, the contractor is entitled to damages reflecting everything which would have een received under the contract, or proportion of it that remains outstanding at the date of termination, less what it would have cost the contractor to complete the work. It has been clearly established that the damages should include the profit element on work remaining to be done as seen in the landmark case of Wraight Ltd v P H & T (Holdings) Ltd[29]. Where, however, the contract is one which the contractor had under-priced and on which the contractor would thus have made no profit, only nominal damages will be awarded for the employerââ¬â¢s breach.This is because as seen in C&P Haulage v Middleton[30], an award of damages should not put the claimant in a better position than if the contract had been performed. But if this procedure was relentless pursued it would lead to a party in default having to pay ââ¬Ëfor all loss de facto resulting from a particular breach however improbable, however unpredictableââ¬â¢. [31] The courts therefore set a limit to the loss for which damages are recoverable, and loss beyond such limit is said to be remote. The famous rule as stated in the case Hadley v Baxendale[32] is: Where two parties have made a contract which one of them has broken the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either (1) arising naturally, i. e according to the usual course of things from such breach of contract itself, or (2) such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of itâ⬠This is demonstrated in the case of Balfour Beatty Construction (Scotland) Ltd v Scottish Power Plc[33].The claimants there, who were constructing a concrete aqueduct over a main road, installed a concrete batching plant and arranged for the defendants to supply electricity to it. The claimants needed to pour all the concrete in a single continuous operation and so, when the electricity supply failed, the claimants had to demolish all the work which had been done. Unsurprisingly, it was held that while the defendants were clearly in breach of contract because of the power failure, they were not liable for the extra losses nvolved in the demolition and reconstruction, since the claimants had not informed them that a continuous pour was essential. It has long been established th at contractorââ¬â¢s claims for loss and expense under express contractual provisions are assessed in exactly the same way as damages for breach of contract. Any disruption to the regular process of work under a contract may lead the contractor to incur administrative costs, such as the diversion of managerial time and effort, at head office.If so, these costs may justifiably be claimed, but it will not be simply assumed that such losses have been suffered. They must be specified and properly supported by the evidence, for example by records of the time spent by individuals in dealing with the particular problem[34]. Where the contract period is prolonged by something for which the employer is contractually responsible, the contractor may may also seek to claim in respect of general office overheads.When making application for the head office overheads part of loss and/or expense under Standard Form Building Contracts, contractors often base their claim on a formula. The Courts ha ve never given approval to the use of formula in this way although they have accepted the use of formulae in certain cases which generally were decided on their own facts. Indeed, the courts have tended to disapprove formulae unless as a last resort or the parties have agreed their use as seen in Alfred Mc Alpine Homes North Ltd v Property & Land Contractors Ltd[35]. Actual costs are normally required.Claims for head office overheads are essentially claims for lost opportunity to contribute to those overheads, because the overheads do not actually change or, if they do, the amount of any extra overheads directly resulting from the delay can be claimed separately. Formulae assume a healthy construction industry and a contractor with finite resources with the result that if he is delayed on a project, he will be deprived of the chance to take other work. Where the industry is sluggish or where the contractor is so large that turning away work does not arise, the latter will face diffi cult problems in showing the lost opportunity[36].There are several formulae in common use notably Emden formula, Eichleay formula and Hudson formula. Also a contractor who has accepted the wrongful repudiation is not restricted to suing for damages for breach on contract. He may, as an alternative, where he has elected to treat the contract as rescinded, sue upon a quantum meruit. The expression quantum meruit means ââ¬Å"the amount he deservesâ⬠or ââ¬Å"what the job is worthâ⬠. A quantum reuit clause claim is one in which the contractor seeks payment of the reasonable value of work done for the employer.Where the employer is in breach of contract, the crucial question is whether the contractor in such circumstances can simply ignore the contract and instead claim a reasonable sum for all the work done, even if this means that the contractor recovers more than what would have recovered under the contract. In the situation where there is a contract, then the issue in a Contractual Quantum Meruit claim is either the measure of the ââ¬Å"reasonable sumâ⬠or the interpretation of similarly wide express terms. The issue is whether the measure is on the basis of cost or market price. There appears to be no hard and fast rule.In the case of an express contract to do work at an unquantified price, the measure is the reasonable remuneration of the contractor Serck Controls Ltd. v Drake & Scull Engineering Ltd[37]. In the case where there was a contract, the assessment of a quantum meruit was usually based on actual cost which would include on and off site overheads provided that it was reasonable and was reasonably and not unnecessarily incurred, plus an appropriate addition for profit[38] Judge Bowsher QC in Laserbore Ltd v Morrison Biggs Wall Ltd[39] had to decide the meaning of the term ââ¬Å"Fair and reasonable payments for all works executedâ⬠.He considered that the costs plus basis was wrong in principle even though in some instances it may produce the right result. The appropriate approach was to adopt general market rates.
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