Business Ethics Assignment - KFC - Free Essay Example

Sample details Pages: 7 Words: 2118 Downloads: 7 Date added: 2017/06/26 Category Ethics Essay Type Research paper Did you like this example? Business Ethics Table of Contents Assignment one: Q1. There are mainly three theoretical ethical approaches present and they are: Q2. Comparison of absolute ethics and relative ethics: Q3. Don’t waste time! Our writers will create an original "Business Ethics Assignment KFC" essay for you Create order Ethical issues affecting the businesses: Assignment two: Q1. How business objectives are affected by ethical considerations Q2. Implications for a business and its stakeholders to operate the business ethically: Q3. Role of KFC acting as a moral agent: Assignment three: Q1. A current ethical issue affecting McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s: Q2. Report on how McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s can improve the ethics of their operations whilst meeting objectives and ensuring good employee/employer relationships: Q3. Suitable ethical code: References: Assignment one: Q1. There are mainly three theoretical ethical approaches present and they are: Deontological ethics: Deontological ethics is basically a normative ethical position in which the morality of action is judged based upon the adherence of the rule by action. The theory had been developed by Immanuel Kant (Klein Smith, 2004). Kant argued that it is not the consequences of any action which can make right or wrong but the motives of the person who is responsible for taking up the action itself. Consequentialism: Consequentialism is an ethical theory which takes into consideration the consequence of the conduct of a person. The judgment about the rightness of conduct is based upon it. According to the consequentialism theory, it can be stated that the morally right act can bring out good and positive outcomes (LeClair, Ferrell and Fraedrich, 2012). The theory has been developed to be distinguished from the deontological ethics. Pragmatic ethics: Pragmatic ethics has been developed by John Dewey who believed that some of the societies have progressed substantial ly morally in the very same manner in which they attained progress in science. The pragmatic ethics also states that principles, norms and moral criteria can be improved through inquiry. Q2. Comparison of absolute ethics and relative ethics: The absolute ethics is based on the theory that some things can be considered either right or wrong from a particular point of view and the things cannot be changed as per the culture. There are certain actions which are intrinsically right or wrong. It means they are right or wrong according to their point of view. On the other hand, the relativist ethics is based on the theory that there are no valid moral principles. If an action is good in itself and if it is considered bad by others then there is no basis to find out the truth behind it (LeClair, Ferrell and Fraedrich, 2012). Q3. Ethical issues affecting the businesses: In the complex global business environment, all the businesses face various types of ethical issues. They are: Fundamental issues: The most essential and fundamental ethical issue which the businesses should face is trust and integrity. The businesses should treat every customer fairly and all the business affairs should be carried out with honesty. From the perspective of KFC, one of the companies considered for this study, the organization should strive to provide the best quality of food to every customer, providing the maximum value for money. Also, they should maintain transparency in the ways they conduct business in every possible arena. Diversity issues: There are many companies that always employ the workers from a specific culture or community. An ethical response to the diversity mainly begins with recruiting the diverse workforce and all the employees in KFC should be given equal opportunities in various aspects such as training, promotion etc (LeClair, Ferrell and Fraedrich, 2012). It should start with providing equal opportunity to every individual who applies for a position in the organization. The ethical response of the company is fulfilled when the employees can enjoy a respectful workforce which values the contributions made by them to the company. Marketing issues: There are some marketing ethical issues which might be confronted by the organizations. There are many companies who promote their products to a particular community or culture which is purely unethical approach to marketing. Organizations also involve themselves into falsely promoting the benefits of certain items. All these result into customers taking up decisions in favour of the company based upon false promises. KFC holds the ethical duty of designing their marketing campaigns based solely upon the truth (Maignan, Ferrell, and Ferrell, 2010). Decision making issues: Ethical decision making processes of the organizations should protect the employees and they should make sure that all the operations of the businesses should be fair. The business decisions at KFC should never be framed in a manner which would cheat their customers, deprive their employees of their rights and defraud the government society in general. Assignment two: Q1. How business objectives are affected by ethical considerations There is huge importance of ethical considerations in the business of KFC. The ethical considerations can help KFC to address the problems, situation and opportunities to choose the actions. As KFC has adapted ethical standards in marketing, they promote their products among people with correct information. They have also adapted ethical standards in packaging of the products. The government agencies of the countries in which KFC operates their business and the consumers too have pressured KFC to provide healthier menu options to the customers, particularly among children and since, KFC started to provide healthier food options to the customers, the total number of customers has increased (Merritt, 2011). KFC also employed a diverse workforce in almost all the countries in which they operate and they have also employed a huge number of people with physical challenges. It helped them to be appreciated by the governments and agencies of the countries. Q2. Implications for a business and its stakeholders to operate the business ethically: The ethical operations of the business of KFC have also helped the stakeholders to be benefitted. The most important stakeholders i.e. the customers can get healthier menu options which help them to reduce their costs of daily meals (Merritt, 2011). The shareholders of the business have also been benefitted as their profit has also been increased due to the ethical operations of the business. The government agencies have also been satisfied with the ethical considerations of KFC and more and more countries are giving opportunity to KFC to expand their business in multiple countries. Q3. Role of KFC acting as a moral agent: KFC is a world-renowned organization, which has become a moral agent in terms of diversity in employment and promoting healthy eating and lifestyles. There are even stores that are run entirely by hearing and verbally-disabled individuals. By doing this, the company has extended tremendous support to the disabled communities and has set a great example of employment ethics. In turn, it has also aided the organization in gaining huge amounts of popularity in the society as a whole. Also, KFC promotes healthy eating by offering healthy food options in the menu and marketing them aggressively to attract customers, especially kids. For example, its grilled chicken is a healthy option and is promoted with a lot of vigour (Idalberto, 2012). Q4. Analysis of the development of mechanisms to achieve employee empowerment and involvement: In order to achieve employee empowerment and involvement, KFC motivates employees with the employee of the month mechanism. The best employees get thi s award and their pictures are displayed at the stores. Employees are also motivated with incentives, rewards, etc. Diversity is a priority and KFC has incorporated different community websites, job sites, etc. in order to involve different kinds of people into the workforce. The company also promotes female leadership. In 2012, special assignments were designed to identify leadership skills so that 15 women could be given leadership roles in the company (Gil, 2012). Assignment three: Q1. A current ethical issue affecting McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s: The McDonalds Corporation is the largest restaurant chain fast food in the world and is based in the U.S. It manages its subsidiaries directly or through franchise. McDonalds restaurants are found all over the world (to employ full-time about 438,000 people) and have become one of the most recognizable symbols of so-called globalization, the fast-paced lifestyle and modern consumerism. A recent ethical issue that the company has been facing is criticism of its employment practices. On 5 August 2013, The Guardian published in a report that 90% of the employees working in McDonalds, UK, had zero hour contracts (Idalberto, 2013). Zero hour contracts are contracts that do not specify any work schedule or regular time period of duty. There is no obligation to provide work or pay, and, the company can make employees work in an à ¢Ã¢â€š ¬Ã‹Å"on callà ¢Ã¢â€š ¬Ã¢â€ž ¢ system. Thus, under this contract, McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s can pay employees strictly on the basis of hours worked. Th e Guardian revealed that McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s is the worldà ¢Ã¢â€š ¬Ã¢â€ž ¢s biggest zero hour employer. Zero hour contracts, though legal, are considered to be unethical as they are often used to exploit the workforce. As per a study done by the Fast Food Forward, due to zero hour contracts, 84% of the workforce of all fast food companies in New York, are paid less than the salaries they deserve (Neville, 2013). In the period between 2007 and 2011, employees of the fast food industry in USA had to get help worth $7 billion from public assistance options as their low salaries could not help them sustain themselves and their families (Fast Food Foreward, 2013). As per the research by Fast Food Forward, some of the employment practices and HRM practices of McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s are unethical. If minimum wage employees ask for help or proper salaries, the McResource phone line provides the advice of getting food stamps. The McResource website states that employees should divide their food into small pieces while eating, so that, they have the feeling of eating more food. The website also advises employees to get cash refunds on gifts that have not been opened and to stop complaining. The site states that complaining results in 15% increment of stress levels, and hence, should be avoided (Neville, 2013). These practices, advices and statements of McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s have been criticized heavily and the company was forced to shut down the McResource website. These incidents have created a lot of negative publicity for the company and have damaged its reputation (Rabaglio, 2011). Q2. Report on how McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s can improve the ethics of their operations whilst meeting objectives and ensuring good employee/employer relationships: McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s can solve this ethical issue and improve its operations by opting for ethical employment and HRM practices. It can avoid zero hour contracts and have full time employees who are paid adequate salaries (Rabaglio, 2011). In order to accommodate the increased expenses, it can reduce the number of employees. Presently, most employees work on an hourly basis, and hence, do not have any liability to work complete shifts of fixed duration. With fixed shifts of 8-9 hours, even a reduced work force can provide high quality of work performance and the overall productivity will not be affected negatively. Also, adequate salaries will improve the relationship between management and employees and the morale and motivation of workers will improve. This will increase efficiency. The company should also make a strict clause to avoid child labour. Finally, in order to incorporate part time workers, the hourly payment option should be replaced with half shift options of 4 -5 hours. This can be ideal for students (Marras, 2011). Q3. Suitable ethical code: A suitable ethical code for McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s would involve the following policies: Child labour should be banned strictly Full time employees should be paid adequate salaries with respect to their job roles and zero hour contracts should abolished Work schedules should be established in well defined shifts Employee needs should not be neglected (Idalberto, 2012). References: Anzalone Liszt Grove Research Fast Food Foreward. (2013). New Yorks Hidden Crime Wave. USA: Wage Theft and New York Citys Fast Food Worker. Gil, A. (2012). People Management. Focus on Desktop Professional. Sao Paulo: Atlas. Idalberto, C. (2010). People Management: the new role of human resources in organizations. Rio de Janeiro: Campus. Idalberto, C. (2013). People Management. Rio de Janeiro: Elsevier. Klein, J.G., Smith, J. (2004). à ¢Ã¢â€š ¬Ã…“Why We Boycott: Consumer Motivations for Boycott Participation.à ¢Ã¢â€š ¬Ã‚  Journal of Marketing, 68 (3): 92-110. LeClair, D.T., Ferrell, O.C. and Fraedrich, J.P. (2012). Integrity Management: A Guide to Managing Legal and Ethical Issues in the Workplace. Tampa, Florida: University of Tampa Press. Maignan, I., Ferrell, O.C. and Ferrell, L. (2010). à ¢Ã¢â€š ¬Ã…“Corporate Social Responsibility and Marketing: An Integrative Framework.à ¢Ã¢â€š ¬Ã‚  Journal of the Academy of Marketing Science, 32 (1): 3-19. Marr as, J. (2011). Human Resource Management: from operational to strategic. London: Futura. Merritt, A. (2011). à ¢Ã¢â€š ¬Ã…“N.J. AG Sues Blockbuster Over Ads.à ¢Ã¢â€š ¬Ã‚  Philadelphia Business Journal, February 18, 42. Neville, S. (2013). McDonalds ties nine out of 10 workers to zero-hours contracts. UK: The Guardian. Phillips, C.F. (2011). à ¢Ã¢â€š ¬Ã…“Some Theoretical Considerations Regarding Fair Trade Laws.à ¢Ã¢â€š ¬Ã‚  Journal of Marketing, Vol. 3, 242-250. Rabaglio, M. (2011). Competency Management Tools for attraction and attracting human talent. London: Thorsons.

Essay on Pure Cinema - 1702 Words

Italian Neo realism; Pure Cinema 1. Ladri de Biccilette [Bicycle Thieves] (Vittorio De Sica) Do you agree with Andre Bazin that Ladri de Biccilette is an example of ‘pure cinema’? (Bazin [1971] p.60). To what extent is such a pure cinema possible and, in your opinion, which Italian Neo-realist film screened on the unit comes closest to it? Explain your reasoning. This essay will address the characteristics of ‘pure cinema’ and the extent of its practical nature. It also seeks to analyse the film Ladri de Biccilette whilst exploring the traits of pure cinema in this film. The definition of pure cinema refers to a cinema where real life is projected onto the screen in way that creates the illusion of reality. The more the†¦show more content†¦A group of German priests joins them and start to talk in German, which again felt very accidental. The camera films everybody until the rain stops without a single cut, contributing to this aspect of dead time. Ladri de Biccilette is a very successful film in creating natural and believable moments. While the worker and his son are off searching for the bicycle, there is moment where the child tries to urinate in street. This is an indication of profound realism, where even examples of the most private behaviour and dialogue are shared with the audience. The connection between the worker and his son is one of the most natural relationships existing in this film. Poverty almost closes the gap between the worker and his child, as the father does not have money and education to make him considerably superior. The family needs to send the young child to work and the worker needs his help and company to search for his bicycle. The dialogue between the father and son is like dialogue between two adults. The worker talks about their income and his strategies to attempt to improve their lives, while the son criticizes his dad when he created a situation which caused the old man to run away. 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Sop for Public Health Free Essays

Being a compassionate person at heart, I was inclined towards social work since my school days. So naturally I was inclined to do some good when I was studying to be a dentist. So in the rather drab subject of Community Dentistry which most of students hated well I found some interest on Public Dental Health services, recordings for case studies, Indices and Epidemiology. We will write a custom essay sample on Sop for Public Health or any similar topic only for you Order Now There I learnt that the delivery of health services and primary care was very difficult in a vast and diverse country as India. Epidemiology and diagnosis of diseases like AIDS, tobacco cessation program, Dental lath education were interesting. I even made a project in my third year on oral manifestations of HIVE. The project was a hard copy of pictures and slides that explained the various routes of transmission of HIVE, difference between HIVE and AIDS, what are the early signs and symptoms of HIVE, and how to prevent spread of this infection, in a manner easily understandable by a layman. While many people have started using this and showed improvement, I constantly wonder about performing such techniques on a bigger scale – something that will make it possible. India and especially South Asia has a great population who are in influence of chewing Tobacco and Smoking. They have led to losses socially, economically, functionally, psychologically and of life in our society. During my training in dental school I came to realize that number of tobacco users are much more in my state. And they have to suffer a lot because of this habit from diseases like cancer at very early age. Already quality of health is poor and because of such habit people made it more worst. This inspired me to attend a special training workshop for tobacco cessation counseling by Tobacco Intervention Initiatives (T†). My extensive knowledge on pre-cancerous lesions proved to be extremely helpful at the time of implementation of the training at related campaigns. And I already used this knowledge during my internship to aware people about harmful effects of tobacco and helped them to quite their habit. It made me realize that we needed greater skills of Management and organization in our Society and this was a major hurdle in our Health Care system. How to cite Sop for Public Health, Papers

King Richard Third Essay Example For Students

King Richard Third Essay Explain the importance of Act 1 Scene 1 to King Richard Third Discuss your ideas for presenting these scenes and say, how successfully you think the Loncraine Version interpreted them  This plays deals with the story of King Richard third, Duke of Gloucester, and reflects on how he gained the English Throne. The genre is history although in our terms it changed to horror due to the number of deaths that take place among the characters throughout the film. Richard becomes the focus of the play; it is structured to allow the audience to feel involved and complicit in his crimes. The backdrop to the play is the infamous civil conflict, the war of the roses. The play is presented in the Tudor perspective. It was written to flatter the monarchy. Therefore, Shakespeare portrayed Richard in a negative light as a deformed, obsessive villain not a hero.  The conflict of the war of the roses was a brutal civil war where Queen Elizabeths godfather Henry VII defeated Richard and gained the throne of England, the first Tudor monarch. In this way, Shakespeare indicated that the Tudors were the founders of peace, ending the war of the roses in favour of Elizabeth.  The civil war affected people badly, throughout the whole British Isles. Shakespeares language indicates that after the civil conflict, everybody was involved in great celebrations. The language of war is balanced clearly with the language of pleasure. The great celebration indicates to the reader how the good overcame the evil i.e. the Tudors being good.  This correspondence is indicated through; Our stern alarms changd to merry meetings or Our dreadful marches to delightful measures. These contrasts indicate to the reader how one wartime use is being changed to a celebration indicating the idea of peace, stability and national unity. With, Our Stern alarms changd to merry meetings indicates through the alliteration of the m how much partying is taking place. Moreover, Our dreadful marches to delightful measures; this balance is further enhanced through the double vowel sound with the d and the m. This further enhances the use of national unity and collaboration. In the opening soliloquy, Richard uses personification of winter to exemplify war and the discontent of people. His metaphor for peacetime is glorious summer. These uses of seasonal metaphors are used to create contrasting ideas of war and peace.  Richards decision to be a bad is conveyed clearly, in his simple line; I am determined to be a villain.  From lines 10 to 14, Shakespeare uses various metaphors for love making and dancing and describes Edward IV as having an unrestrained appetite for sex. Yet, through all this bitterness he clearly describes his deformities; Deformd unfinished sent before my time.  He indicates to the reader how there is nothing for him to do but to look at his deformities; Have no delight but to pass away the time. The reader feels obliged to feel sorry for Richard as he suggests that nobody would love him yet he wants not just the pity of the audience but to entertain them and himself, telling them how he is not a victim but a villain to entertain these fair well spoken days.  Richards deformities obviously cause him pain, as he describes to the reader sportive tricks in which he is unable to advance. As during this period people were celebrating due to the post of the civil crisis, yet he is unable to perform these rituals and he feels an outcast of which the audience feels they can relate to. Richardss resentfulness and enviousness towards Edward is clearly indicated in lines 10-13. He refers to Edward as he, describing him as wanton and lustful. Richard reveals this as a weakness.  These lines unbalance the view of social legitimacy-how if anyone challenged or sought to change his or her place they would be defying God.  Richard describes his relationship with Edward in more detail in lines 31-36. In these lines he indicates to the reader how naive and simple Edward is contrasting to himself as false and subtle. .u486abb6e22c92dbe8f233928d84b62de , .u486abb6e22c92dbe8f233928d84b62de .postImageUrl , .u486abb6e22c92dbe8f233928d84b62de .centered-text-area { min-height: 80px; position: relative; } .u486abb6e22c92dbe8f233928d84b62de , .u486abb6e22c92dbe8f233928d84b62de:hover , .u486abb6e22c92dbe8f233928d84b62de:visited , .u486abb6e22c92dbe8f233928d84b62de:active { border:0!important; } .u486abb6e22c92dbe8f233928d84b62de .clearfix:after { content: ""; display: table; clear: both; } .u486abb6e22c92dbe8f233928d84b62de { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u486abb6e22c92dbe8f233928d84b62de:active , .u486abb6e22c92dbe8f233928d84b62de:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u486abb6e22c92dbe8f233928d84b62de .centered-text-area { width: 100%; position: relative ; } .u486abb6e22c92dbe8f233928d84b62de .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u486abb6e22c92dbe8f233928d84b62de .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u486abb6e22c92dbe8f233928d84b62de .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u486abb6e22c92dbe8f233928d84b62de:hover .ctaButton { background-color: #34495E!important; } .u486abb6e22c92dbe8f233928d84b62de .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u486abb6e22c92dbe8f233928d84b62de .u486abb6e22c92dbe8f233928d84b62de-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u486abb6e22c92dbe8f233928d84b62de:after { content: ""; display: block; clear: both; } READ: The plays key themes EssayRichard indicates to the reader his greed and his ever flourishing yearn for power indicating to the reader that these would be the good ingredients need for a good king which Edward clearly lacks.  Richardss manipulative skills are shown widely in lines 30-42. In these consecutive lines, Richard shows his treacherous and deceitful behaviour in which he is able to switch on and off. This opaque behaviour enhances his complex character and illustrates his ability to be a good actor.

Abstruse vs. Obtuse

Abstruse vs. Obtuse Abstruse vs. Obtuse Abstruse vs. Obtuse By Maeve Maddox What’s the difference between abstruse and obtuse? Both are adjectives. Abstruse comes from a Latin word meaning â€Å"concealed, hidden, secret.† In English it means â€Å"difficult to understand.† Remarking on complaints about the apparent meaninglessness of literary prizes, Jennifer Szalai writes, Prizes are awarded to tepid, undemanding best sellers everyone reads; prizes are awarded to obscure, abstruse books no one reads. The NY Times publishes an annual list of â€Å"abstruse words.† The list is compiled from the number of times readers click on a word in order to see a linked definition. Some examples of these â€Å"abstruse† words: antediluvian, peroration, and shibboleth. Obtuse comes from a Latin word meaning â€Å"blunt, dull, stupid.† â€Å"Obtuse angles† in geometry are not stupid; they are blunt. An angle â€Å"greater than 90 degrees and less than 180 degrees† is an obtuse angle. When botanists and zoologists say that something is obtuse, they mean that it is not sharp or pointed. For example, larch trees have cones that are about one inch long and obtuse at their points, i.e., blunt, not pointed, When applied to a person, obtuse means stupid, lacking in perception or understanding. In the movie The Shawshank Redemption, Andy uses the word in reference to the prison warden: Andy: How can you be so obtuse? Warden Norton: What? What did you call me? Andy: Obtuse. Is it deliberate? Sometimes people use obtuse when they mean abstruse. Here are some examples of misuse on a web page that seems to be offering them as examples of correct usage: They provide a very powerful, but also rather obtuse, set of tools for finding particular words or combinations of characters in strings. Obtuse language in such documents actually means? Obtuse lyrics and intricate symbolism. I suppose the writers of these examples could be calling the tools, language, and lyrics stupid, but I think it more likely that the powerful tools present a steep learning curve. If the language in the document leaves the person wondering about its meaning, then the language is difficult to understand. Finally, since the lyrics are being linked with symbolism, the word wanted is probably abstruse. An individual who is obtuse cannot understand. A book or explanation that is abstruse cannot be easily understood. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Misused Words category, check our popular posts, or choose a related post below:Regarding Re:40 Synonyms for â€Å"Different†How to Write a Proposal

Models of Abnormality Essays

Models of Abnormality Essays Models of Abnormality Essay Models of Abnormality Essay Axia College Material Appendix C Models of Abnormality Psychologists use several different models to explain abnormal behavior. These different models have created shifts in values and beliefs as well as improvements in clinical research. These differences in ideas mean that the different models are sometimes in conflict with one another. People who follow one model often point out where another model fails in its interpretations, investigations, and treatment methods. Read the brief profile of Willard and follow the directions to complete the chart: Willard is an angry man. He often gets his way by bullying and berating others. The following is a list of proposed causes for Willards behavior. Each cause was presented by a psychologist with a different theoretical perspective. Match the psychologist to the cause he or she is likely to present and to the treatment he or she is most likely to recommend. Psychologists: Dr. Smith, Biologist Dr. Mullen, Psychoanalyst Dr. James, Behaviorist Dr. Allen, Cognitivist Dr. Bates, Humanist Dr. Frank, Socioculturist Treatments:Medication Community treatment Client-centered therapy Challenging dysfunctional thoughts Operant conditioning Free association and catharsis |Proposed Cause |Psychologist |Treatment | |Willard has been rewarded for his bullying |Dr. James, Dehaviorist |Operant conditioning | |behavior. | | |Willard is genetically predisposed to |Dr. Smith, Biologist |Medication | |bullying others. | | | |Willards toilet training was harsh. |Dr. Mullen, Psychoanalyst |Free association and catharsis | |Willard is influenced by the commonly held |Dr. Bates, Humanist |Client-centered therapy | |view that men must be aggressive in order | | | |to succeed. | | | |Willard assumes that if he does not assert |Dr. Allen, Cognitivist |Challenging dysfunctional thoughts | |himself first, he will appear to be a | | | |failure to others. | | |Willard has a low sense of self-worth, |Dr. Frank, Socioculturist |Community treatment | |probably stemming from conditional love in | | | |childhood. | | |

Leadership Essay Example | Topics and Well Written Essays - 250 words - 25

Leadership - Essay Example s of a transformational leader are not only directed at achieving the organizational objectives, but also at bringing a good transformation both in the system and everybody related to it. By doing so, a transformational leader brings a positive change in the followers (Cherry, 2011). Thus, in the followership of a transformational leader, followers learn a lot of things from him/her. The transformational leader is like a mobile school for the followers. A servant leader, on the other hand, displays a democratic style of leadership. He takes decisions with due involvement and consent of the followers. He/she is called as a servant leader fundamentally because of the fact that he/she serves the people more than directing them. Thus, the status of a leader as a sole decision maker is the strongest in the charismatic leadership style and the weakest in the servant leadership style. A transformational leader is in between the two. He may take decisions without external involvement but not without letting everybody involved in the system know and realize why a certain step is being

Module 3 SLP - microbial metabolic and environmental growth Essay

Module 3 SLP - microbial metabolic and environmental growth - Essay Example Different microbial species present varying degrees of thermal stability of its proteins and enzymes (Brooks et al., 2007). Hence, microorganisms display different temperature ranges that are optimal for their growth and metabolism. Those organisms which grow best at low temperatures (15-20 OC) are called psychrophiles. Mesophylic groups grow best at 30-37 OC while thermophilic forms grow best at a temperature range of 50-60 OC. According to a study conducted by Radke-Mitchell and Sandine (1986), L. bulgaricus has an optimum growth temperature range of 43-46 OC. On the other hand, E coli grows best at 37 OC, similar to the normal body temperature (Don, 2008). This is not surprising because E. coli forms a part of the body’s normal bacterial flora (Don, 2008). The significance of maintaining a certain range of pH for bacterial metabolism and growth is demonstrated by the fact that hydrogen ion concentration influences the integrity and functions of proteins, and other biochemical processes (Campbell and Reece, 2004). The acidity and alkalinity of the environment also affects the availability of nutrients essential for the growth of microorganisms. Those species that grow best at a pH range of 6.0-8.0 are called neutralophiles. Meanwhile, microorganisms with optimum pH growth of 3.0 or lower are classified as acidophiles while those with optima at a pH of 10.5 or higher are called alkaliphiles (Brooks et al., 2007). Beal et al. (2009) reported that L. bulgaricus achieve its highest biomass in culture when maintained at pH 5.0. Cell viability was also noted to be at its peak at pH 5.0 (Beal et al., 2009). On the other hand, the optimum pH for growth of E. coli is 6.0-8.0 (York et al., 1984). The process of energy production, termed respiration, operates by virtue of electron acceptors. Oxygen serves as an electron acceptor in bacterial respiration (Brooks et al., 20097). Organisms which strictly require oxygen for its

Two creation story Essay Example | Topics and Well Written Essays - 1000 words - 1

Two creation story - Essay Example Having read through Genesis 1-2, I came with the idea that there are two different creation stories in the bible. The above table gives us some of the ideas that can clearly show us that there are two different stories regarding creation. If you read biblical stories expecting them to tell you exactly what happened, be prepared for a shock as you won’t find the reality less you dig deeper in chapter one of the book of genesis. People are often surprised to realize that God is given two different names in Genesis 1 and 2: God and Lord God. This is not due to some conspiracy by those that translate the Bible into English. â€Å"God† in the first story and the â€Å"lord God†, in the second are used consistently in Hebrew. The different story tellers are just but people. Looking at the way these stories are told, the first story is rather orderly. In that account, God speaks and something comes into existence or being, God sees that it is good, and there is evening and morning respectively: day one ( or two, three, e.t.c) I like to picture God in Genesis 1standing offstage with microphone, booming the lines, â€Å"let there be†¦..† In speaking things into being, instead of being right in our midst, God comes across as somewhat removed. Theologians describe this representation of God as being transcendent. In the second story of creation according to me, Lord God creates things in a slightly different order than what we see in Genesis chapter 1. There are no days that delineated in this account , and God Lord does not speak things into being. This account could almost start with, â€Å"Once upon a time†¦Ã¢â‚¬ ¦Ã¢â‚¬  Here Lord God seems to be right in the middle of things,. Even using hands but the question is, â€Å" does God really and really have physical

Remedial and Institutional Constructive Trusts

Remedial and Institutional Constructive Trusts Title: The remedial constructive trust has taken root in the United States and Canada: it is unlikely to do so in England Millett LJ in Restitution and Constructive Trusts 1998 114 LQR p399. Explain the differences between remedial and institutional constructive trusts and the advantages and disadvantages of each approach. Discuss whether judges in England and Wales are likely to adopt the remedial system. INTRODUCTION A definition of a trust, reflected in case law, suggests that a person with responsibility for property has an obligation in accordance with principles of equity to exhibit beneficence[1] towards any beneficiaries, any of whom might enforce this obligation[2]. The concept of the constructive trust is not overwhelmingly supported, with Hayton categorising it â€Å"â€Å"a fiction which provides a useful remedy when no remedy is available in contract or in tort†[3]. A constructive trust may be either institutional or remedial, although only institutional constructive trusts are acceptable practice in the UK at the present time. According to Halsbury â€Å"the remedial constructive trust†¦is not in reality a trust at all, but merely a remedial mechanism by which equity gives relief for fraud’[4]. The distinction between constructive trusts raise a number of issues that are of particular relevance when considering whether the law in England and Wales is likely to adopt the remedial system. It must be noted, however, that, whilst the importance of both proprietary estoppel[5] and Pallant v Morgan[6] equity are acknowledged as relevant to a discussion on constructive trusts, their applications are specific. Accordingly, due to constraints on space, their inclusion in this particular essay have been omitted[7]. DISCUSSION Whilst law in other jurisdictions needs to resort to such measures as the remedial system, law in the UK currently relies on the Statutes of Limitation[8], within which remedial constructive trusts may be considered to be related to the Limitation Act 1980[9]. The specific distinction between legal and equitable ownership originated through the historical significance of common law and the law of equity, as established through the Courts of Chancery. It is readily acknowledged that a correlation exists between constructive trusts and the doctrine of equity, with effect from the date in which circumstances dictated a need for such intervention, a factor noted in Westdeutsche Bank[10] by Browne-Wilkinson, LJ who observed that â€Å"A remedial constructive trust†¦Ã¢â‚¬ ¦is a judicial remedy giving rise to an enforceable equitable obligation†¦Ã¢â‚¬ [11] Institutional Constructive Trust There have been a number of significant cases heard, where the courts have ruled that institutional constructive trusts will prevail[12]. An institutional constructive trust might be invoked in such cases as domestic disputes involving property, breaches within a fiduciary relationship, contracts relating to sales of land, and certain situations relating to commercial insolvency. Case law established ‘in law and in equity that land could be the subject of ownership’[13], with a further recognition that ‘the person owning either type of estate has a right of property’ according to Lord Browne-Wilkinson[14], established through statute in the Law of Property Act 1925. Freehold land, or land held in fee simple, relates to land held in trust to the Crown, with the owners being beneficiaries, or trustees, or land that is held in cestuis que trust which is revealed as an equitable estate. The requirement for a formal record of equitable entitlement to the transfer of land in accordance with the Law of Property Act 1925 53 (2)[15] reveals a situation inconsistent with the ethos of remedial trusts. Shares in property can be transferred from the owner of a property to bestow the gift of beneficial ownership on another person through the conveyancing procedure of legal transfer by deed according to the Law of Property Act 1925, section 52 (1). Conversely, where full consideration has not been paid when land is transferred an inference of fact would result, as clarified in Subsection 60(3) of the Law of Property Act 1925. Remedial Constructive Trusts Pascoe[16] notes an apparent lack of consensus as to whether remedial constructive trusts are based on an enforcement of proprietary rights or to avoid unconscionable conduct, but suggests it ‘is imposed by equity regardless of actual or presumed agreement or intention’[17] in order for the courts to implement a measure of restitution[18]. Certain situations require a remedy within the law that is particularly suitable for a specific set of circumstances. This is determined at the discretion of the court and is realised in the imposition of a remedial constructive trust, characterised by the particular facet that no trust existed prior to the intervention of the court. An interesting development in the definition attached to constructive trusts was suggested in Barnes v Addy[19] in which Lord Selborne, LC introduced the distinction between a duty owed by directors and duty owed by ‘non-fiduciary strangers’, referring to this concept as ‘the two limbs o f Barnes v Addy’. More recently this referent has been recognised as ‘recipient liability’[20] and ‘accessory liability’[21]. Various jurisdictions around the world acknowledge a distinct emphasis between institutional constructive trusts and remedial constructive trusts, based on the common law precepts of unjust enrichment. The constructive trust would then be recognised as a means of restitution[22], a remedy available for the courts to resort to when other methods of restitution are inappropriate. Often considered synonymous with remedial constructive trusts is the case of Polly Peck International plc (in admin) (No 2)[23]. Referring to additional rights of restitution that might be accorded the plaintiff in respect of legitimate rights to property the Court of Appeal in England made reference to the decision in the Supreme Court in Canada[24]. Different Jurisdictions Amongst the different jurisdictions who habitually utilise the remedial approach, Australia[25] generally adheres to a traditional approach characterised by a link between claimant and the property at dispute, whilst acknowledging the distinction between recipient and accessory[26] liabilities. Accordingly, remedies might be applied ‘in personam’ rather than ‘in rem’. According to Fardell and Fulton[27], the constructive trust has become an important remedy within the courts in New Zealand, fully utilising the concept of remedial constructive trusts in any situation in which a defendant might have prejudiced a plaintiff’s claim to equity as a matter of principle[28]. This particular application of the remedial system has been criticised by the judiciary in Australia as they perceive it represents â€Å"a medium for the indulgence of idiosyncratic notions of justice and fairness†[29]. However, at the New Zealand Court of Appeal Tipping, J concur red with the Australian opinion, although using different reasoning[30]. There have, however, been instances whereby a more controversial approach has been taken, often utilised in the US[31] although, on occasion, in other jurisdictions such as New Zealand in the case of Re Liggett[32] based, as it was, on the decision in the US case of Chase Manhattan Bank. Since then, however, both the Privy Council[33] and the House of Lords[34] have overruled that decision[35]. The law relating to constructive trusts has recently changed in Canada following the Supreme Court’s ruling in the cases of Soulos v. Korkontzilas[36]. Prior to this, such cases as Pettkus v Bekker[37], Sorochan v Sorochan[38] and Rosenfeldt v Olson[39] were the definitive referents in relation to remedies imposed by the courts to prevent the perpetuation of injustices within the specific categories associated with benefiting through unjust enrichment[40]. The Supreme Court focused on the ethos of ‘good conscience’ in their decision when ruling on Soulos v. Korkontzilas[41] . They decided that constructive trusts needed to be imposed to maintain certain standards[42], with four conditions introduced, each of which must present if a constructive trust was to be implemented[43]. Subsequently, these conditions have been applied to all cases relating to constructive trusts heard in Canada’s Supreme Court. CONCLUSION It has been suggested that every resulting trust is realised through the transfer of property in a situation where benefit to the recipient was not the intended option, the consequence of which is a presumption of resulting trust. This significance is recognised in the doctrine of equity in terms of recognition of the terms of endowment. In the UK it is in this particular situation that the inherent importance between constructive and resulting trusts lie. Furthermore, it is this particular situation in which other jurisdictions more often introduce the doctrine of remedial trusts. It appears to be accepted by the majority of commentators that, for a resulting trust to be formed, actual assets must be present in terms of identifiable property, the remedy of which may be found in common law. Despite Millett LJ being of the opinion that the remedial approach is unlikely to take root in England[44], it has been acknowledged in the Court of Appeal[45], the Privy Council[46] and in the House of Lords[47], in obiter dicta, that a possibility might exist for the future incorporation of remedial constructive trusts into UK legislation. This controversy has, by no means been resolved and, at some point will undoubtedly become incorporated into UK legislation, either in its present format, or modified to enable â€Å"†¦an aggrieved party to obtain restitution†[48] through the correlation that exists between constructive trusts and the doctrine of equity which is represented through the concept of morality and obligations, with â€Å"the benefit of an obligation [being] so treated that it has come to look rather like a true proprietary right†[49]. Total Word Count [excluding footnotes and bibliography]: 1,496 words BIBLIOGRAPHY BOOKS: Cope, M (1992): Constructive Trusts. Sweet and Maxwell Maitland, F W (1936): Equity. Cambridge: Cambridge University Press. Page 115 Underhill and Hayton (1995): Law of Trusts and Trustees [15th ed]. London: Butterworth: Page 1 Wilkie, Margaret; Luxton, Peter; and Malcolm, Rosalind (1998): Blackstone’s Land Law. London: Blackstone Press, Page 111 HALSBURY’S LAWS Available Online from: Butterworth’s Direct Search facilities. Access via Athens Gateway: http://www.butterworths.com/butterworths.asp Vol 16 (2000 Reissue) Para 1072 Vol 48 (2000 Reissue) Paras 401 – 403: former Court of Chancery Vol 48 (2000 Reissue) Para 501. Vol 48 (2000 Reissue) Para 592 ARTICLES: Austin, RP (1988): The Melting Down of the Remedial Trust. 11 NSWLJ 66. Available from: Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] Bryan, M (1995): Cleaning up after Breaches of Fiduciary Duty – the Liability of Banks and other Financial Institutions as Constructive Trustees. In 7 Bond Law Review 67. Available in: Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] Dodds, J (1988): The New Constructive Trust: An Analysis of its Nature and Scope. 16 MULR 482. In Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] Fardell, R and Fulton, K (1991): Constructive Trusts-A New Era. NZJL: 90. In Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] Hayton, DJ (1985): Personal Accountability of Strangers as Constructive Trustees. 27 Malaya LR 313,314: Singapore Journal of Legal Studies. Access via ATHENS Gateway McKendrick, E (1994): Unascertained Goods: Ownership and Obligation Distinguished. 110 LQR 509 513 Millett LJ (1998): Restitution and Constructive Trusts 114 LQR p. 399 O’Connor, P (1996): Happy Partners or Strange Bedfellows: the Blending of Remedial and Institutional Features in the Evolving Constructive Trust 30 MULR 735. In Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] ONLINE RESOURCES Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] TABLE OF CASES: Baden Delvaux and Lecuit v Societe Generale [1993] 1 WLR at 509, 575 Bannister v Bannister [1948] 2 All ER 133 Banner Homes Group plc v Luff Developments Ltd [2000] Ch 372, CA Barnes v Addy (1874) LR 9 Ch App 244 Beatty v Guggenheim Exploration Co 225 NY 380 at 386 [1919] Chase Manhattan Bank NA v Israel British Bank (London) Ltd [1981] Ch 105 Cia de Seguros Imperio (a body corporate) v Heath (REBX) Ltd (formerly CE Heath Co (North America) Ltd) [2000] 2 All ER (Comm) 787; [2001] 1 WLR 112, CA Daly v The Sydney Stock Exchange Ltd (1986) 160 CLR 371 Fortex Group Ltd (In Rec and Liq) v MacIntoshes [1994] 3 WLR 199; [1998] 3 NZLR 171. Hussey v Palmer [1972] 3 All ER 70 (CA) Linter Group Ltd v Goldberg (1986) 160 CLR 371 Mabo v Queensland (No 2) [1992] 175 CLR 1, High Court of Australia Metall und Rohstoff AG v Donaldson Lufkin Jenrette Inc [1990] 1 QB 391 and [1989] 3 All ER 14 CA Muschinki v Dodds (1985) 160 CLR 583 at 614 Pallant v Morgan [1953] Ch 43, and [1952] 2 All ER 951 Paragon Finance plc v DB Thakerar Co (a firm) [1999] 1 All ER 400, CA Pettkus v Bekker [1980] 19 RFL (2d) 165 Polly Peck International plc (in admin) (No 2) [1998] 3 All ER 812 at 825-826 Re Goldcorp Exchange Ltd Re Goldcorp Exchange Ltd (in receivership) [1995] 1 AC 74; [1994] 3 WLR 199 and [1994] 2 All ER 606 PC Re Liggett v Kingston [1993] 1 NZLR 257 Re Polly Peck International plc (in administration) (No 2) [1998] 3 All ER 812, and [1998] 2 BCLC 185, CA Re Sharpe [1980] 1 WLR 219 Rosenfeldt v Olson 1 BCLR (2d) 108, [1986] 3 WWR 403, 25 DLR (4th) 472 (CA). Sorochan v Sorochan [1986] 2 SCR 39 Soulos v Korkontzilas [1997] S.C.J. No. 52 Taylor v Davies [1920] AC 636, PC Tinsley v Milligan [1993] 3 WLR 126; [ 1994] 1 A.C. 340, 371 Westdeutsche Landesbank Girozentrale v. Islington London BC [ 1994] 4 All E.R. 890, 962, CA.; varied [ 1996] 2 All E.R. 961, HL; [ 1996] 2 All E.R. 961, 990, H.L; [1996] AC 669 at 714-415 1 Footnotes [1] See Beatty v Guggenheim Exploration Co 225 NY 380 at 386 [1919] [2] This definition is paraphrased from Halsbury’s Laws, Vol. 48 (2000 Reissue) at para 501 who have based this definition on Underhill and Hayton ( ): Law of Trusts and Trustees [15th ed]: Page 1 [3] Hayton, DJ (1985) 27 Mal LR 313,314 [4] Halsbury’s Law, Vol 48 (2000 Reissue) Para 501 [5] Halsbury’s Laws, Vol 16 (Reissue) Para 1072 and Vol 48 at 592 [6] Pallant v Morgan [1953] Ch 43, and [1952] 2 All ER 951. Halsbury’s Laws, Vol 48 at 593 [7] Banner Homes Group plc v Luff Developments Ltd [2000] Ch 372, CA per Chadwick LJ: this case introduced the term Pallant v Morgan equity [8] In accordance with the former Court of Chancery, Halsbury’s Laws, Vol 48, Paras 401 – 403 ante [9] Halsbury’s Laws, Vol 48 (2000 Reissue) Para 501 cites a number of cases relating to this point: Halsbury quotes Taylor v Davies [1920] AC 636, PC; Paragon Finance plc v DB Thakerar Co (a firm) [1999] 1 All ER 400, CA; Cia de Seguros Imperio (a body corporate) v Heath (REBX) Ltd (formerly CE Heath Co (North America) Ltd) [2000] 2 All ER (Comm) 787, and [2001] 1 WLR 112, CA [10] Westdeutsche Bank Landesbank Gironsentrale v Islington London BC [1996] AC 669 at 714-415 per Lord Browne-Wilkinson [11] â€Å"Under an institutional constructive trust, the trust arises by operation of law as from the date of the circumstances which gave rise to it: the function of the court is to declare that such a trust has arisen in the past. The consequences that arise from such a trust having arisen (including the possibly unfair consequences to third parties who, in the interim, have received the trust property) are also determined by rules of law, not under discretion. A remedial constructive trust, as I understand it, is different. It is a judicial remedy giving rise to an enforceable equitable obligation: the extent to which it operates retrospectively to the prejudice of third parties lies in the discretion of the court†. Ibid, Note 9 [12] Bannister v Bannister [1948] 2 All ER 133, Re Sharpe [1980] 1 WLR 219 and Beatty v Guggenheim Exploration Co 225 NY 380 at 386 [1919] [13] Mabo v Queensland (No 2) [1992] per Deane and Gaudron JJ [14] Tinsley v Milligan (1994): â€Å"English law has one single law of property made up of legal and equitable interests† per Lord Browne-Wilkinson [15] Wilkie, Margaret; Luxton, Peter; and Malcolm, Rosalind (1998): Blackstone’s Land Law. London: Blackstone Press, Page 111 [16] Pascoe, Janine ( ): Remedial Constructive Trusts and Corporate Insolvency: An Australian Perspective. Senior Law Lecturer, Department of Business Law Taxation, Monash University, Australia. [17] Muschinki v Dodds (1985) 160 CLR 583 at 614 per Deane J. Also Cope, M (1992): Constructive Trusts [18] Pascoe quotes a number of references from Australian literature: O’Connor, P (1996): Happy Partners or Strange Bedfellows: the Blending of Remedial and Institutional Features in the Evolving Constructive Trust. 30 MULR 735; Also Bryan, M (1995): Cleaning up after Breaches of Fiduciary Duty – the Liability of Banks and other Financial Institutions as Constructive Trustees. 7 Bond Law Review 67; Also Austin, RP (1988): The Melting Down of the Remedial Trust. 11 NSWLJ 66; Also Dodds, J (1988): The New Constructive Trust: An Analysis of its Nature and Scope. 16 MULR 482. [19] Barnes v Addy (1874) LR 9 Ch App 244 [20] See Baden Delvaux and Lecuit v Societe Generale [1993] 1 WLR per Gibson, J at 509; 575 [21] Known as constructive trustees. This relates to a personal liability to an accessory to fraud [22] McKendrick, E (1994): Unascertained Goods: Ownership and Obligation Distinguished 110 LQR 509 [23] Polly Peck International plc (in admin) (No 2) [1998] 3 All ER 812 at 825-826 [24] See Soulos v Korkontzilas [1997] S.C.J. No. 52 [25] Pacoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia [26] LinterGroup Ltd v Goldberg (1986) 160 CLR 371: Constructive trustee was Linter Group as plaintiff. Goldberg Furst were directors of Arnsberg Pty Ltd who breached fiduciary duty. Southwell, J granted Linter Group priority over other creditors in terms of equitable claims and Daly v The Sydney Stock Exchange Ltd (1986) 160 CLR 371: this claim was rejected [27] Fardell, R and Fulton, K (1991): Constructive Trusts-A New Era. NZJL: 90 [28] See Fortex Group Ltd (In Rec and Liq) v MacIntoshes [1998] 3 NZLR 171. See also: Re Goldcorp Exchange Ltd [1994] 3 WLR 199 as it represents opposing characteristics [29] Muschinski v Dodds (1985) 160 CLR 583 per Deane J [30] â€Å"the plaintiffs must be able to point to something which can be said to make it unconscionable—contrary to good conscience—for the secured creditors to rely on their rights a law†Fortex Group Ltd (in rec liq) v MacIntosh [1994] 3 WLR 199 per Tipping, J [31] Chase Manhattan Bank NA v Israel British Bank (London) Ltd [1981] Ch 105 [32] Re Liggett v Kingston [1993] 1 NZLR 257 [33] Re Goldcorp Exchange Ltd [1994] 3 WLR 199 [34] Westdeutsche Landesbank Girocentrale v Islington Borough Council [1996] AC 669 [35] Constraints of space preclude a more detailed investigation of any of the cases [36] Soulos v. Korkontzilas [1997] S.C.J. No. 52 [37] [1980] 19 RFL (2d) 165 [38] [1986] 2 SCR 39 [39] 1 BCLR (2d) 108, [1986] 3 WWR 403, 25 DLR (4th) 472 (CA). [40] â€Å"absence of any juristic reason† [41] Soulos v. Korkontzilas [1997] S.C.J. No. 52 [42] â€Å"†¦a constructive trust may be imposed where good conscience so requires. I conclude that in Canada, under the broad umbrella of good conscience, constructive trusts are recognized both for wrongful acts like fraud and breach of duty of loyalty, as well as to remedy unjust enrichment and corresponding deprivation†: Soulos v. Korkontzilas [1997] S.C.J. No. 52, per Justice McLaughlin [43] Breach of an equitable obligation; assets still with defendant; plaintiff to present legitimate reason for recourse to courts; no third parties who might be unjustly penalised through a constructive trust [44] Millett LJ in Restitution and Constructive Trusts 1998 114 LQR p. 399 [45] Metall und Rohstoff AG v Donaldson Lufkin Jenrette Inc [1990] 1 QB 391 and [1989] 3 All ER 14 CA; Also Re Polly Peck International plc (in administration) (No 2) [1998] 3 All ER 812, and [1998] 2 BCLC 185, CA [46] Re Goldcorp Exchange Ltd (in receivership) [1995] 1 AC 74 and [1994] 2 All ER 606 PC [47] Westdeutsche Landesbank Gironzentrale v Islington London Borough Council [1996] AC 669, and [1996] 2 All ER 961, HL [48] Hussey v Palmer [1972] 3 All ER 70 (CA) per Lord Denning [49] Maitland, F W (1936): Equity. Cambridge: Cambridge University Press. Page 115

Andrew Wythe :: essays research papers

Andrew Wythe Andrew Wythe was an amazing artist full of imagination, feelings, and compassion for his work. He has a great portfolio of work consisting of his two major styles of work, realistic and abstract. A lot of his personal life goes into each painting he creates. Each piece can usually be linked back to the life he lived and fond memories he wished to preserve.   Ã‚  Ã‚  Ã‚  Ã‚   Andrew was born in Maine and has quite a history to be told from living there. He has been painting for fifty years and has changed his style some during those years. He used to paint realistically for quite some time but then made the change to painting abstract. As a child, Andrew has very fond memories of his father and the fun times the family had together. He can recall a time when his father dressed as St. Nick and frightened him so much that he wet the bed. Just before Christmas, the whole family recalls hearing footsteps on the roof. Their father dropped a painting of St. Nick down the chimney for them. His father did illustrations, so Andrew had plenty of backing for his creative talents. Andrew can remember being very interested in the art of war ever since his early childhood years. He remembers playing with his tiny soldiers and creating stories for them. Andrew?fs father believed that a painter should be left alone from the ages of 6-18. Andrew had tutors for his schooli ng whereas his brothers and sisters went off to school. This gave him free time to roam the countryside. Andrew did not attend college but instead studied under Howard Pyle at his school with 12 other students.   Ã‚  Ã‚  Ã‚  Ã‚   Andrew?fs father died near his house in Maine because of a train accident. Andrew really viewed his father as a hero and looked up to him. He will always remember his father and because of this a heavy influence is always with Andrew when painting. His father?fs life truly inspired Andrew and because of this, Andrew?fs paintings are all very personable and all have a story to tell. The paintings mostly represent his life in Maine and represent the climate and area well. Most of the paintings are of houses, naturalistic surroundings, and his neighbors and friends. He would paint various rooms in his house to portraits of his friends. All were done with such depth and character.

High Stakes Testing In The Modern World Education Essay

I think that in today ‘s modern universe, everyone is determined to hammer some type of achievement, whether it is academic or vocational. In some instances high bets proving are used to find most of these accomplishments. High bets trial are hence used to verify a broad scope of critical results which allow pupils to come on to the following degree. High bets proving can be traced back to the 1965 mandate of the Elementary and Secondary Education Act ( ESEA ) . This was to better doing of import determinations about pupils, instructors, and decision makers in the simple and secondary schools and besides for measuring the schools and school systems. Clarke, Shore, Rhoades, Abrams, Miao, and Li ( 2003 ) found in their National Board survey that answerability systems with high bets test helped instructors aim countries for future direction, and transformed the accent on authorship and critical thought accomplishments. I ‘m of the steadfast sentiment that high bets test allows pupils to analyze and measure a given job or state of affairs by get the hanging the cardinal content cognition and achieving the accomplishments necessary for future success in instruction and work force. Besides instructors provide feedback so that accommodations and even restructuring could be applied. With high bets proving some instructors have adopted a more student-centred attacks Jones, Jones & A ; Hargrove, ( 2003 ) , and aligned their course of study to the province criterions, which in bend increased teacher coaction Marshall ( 2003 ) . Students have to be given the chance to construct on their old cognition and explicate their ain thoughts as to do sense of what is being taught. The civilization of the instruction has to be in coherency with the province or state to let pupils to bring forth at an optimal degree. Students must be able to associate and place within their linguistic communication, beliefs and norms. High bets proving besides highlights the accomplishments gaps between rich and hapless territories, rural and urban countries and among cultural and cultural groups. Uncovering these informations can let pedagogues to turn to the prevalent jobs, particularly if wagess and countenances to schools, instructors and pupils are specified. Administrators and instructors can nail possible jobs and readdress the course of study and instructional activities accordingly. Conversely, the high bets trials constrained many instructors ‘ ability to learn creatively Gordon & A ; Reese, ( 1997 ) ; Jones, Jones & A ; Hargrove, ( 2003 ) and undermined their sense of professionalism and liberty. Some of these high interest trials have defined course of study and fashioned direction. Teachers now have moved to where everything has got to be aligned and tightly structured. A sense of autonomy is no longer executable due to the authorizations and force per unit areas to execute. Teachers are hence learning the course of study and implementing a strategic method of memorisation – a pupil ‘s ability to shop and reproduce names, day of the months and facts for the benefit of go throughing a certain degree of their academic accomplishment. In add-on to the above, high bets test have the inclination to over trial and under-examine pupils abilities and accomplishments. This places an tremendous sum of force per unit area on the instructors and pupils likewise to follow a narrow course of study and concentrate on memorising facts alternatively of developing more advanced abilities. High bets proving has maintained a narrow appraisal of pupil capablenesss and so pupils do what they must in order to go through the test and nil more. Education becomes a inactive experience and this transcends the schoolroom to the work environment. Finally by far the most compelling indictment of these high-stakes scrutinies is that they test what pupils know instead than what they can make and as such motive is an authoritarian factor. Education should be an active experience where pupils are invariably engaged and where a love for acquisition is developed, instead than a hatred for concluding tests. Ash and Persall ( 2000 ) stated that motive can drastically impede school betterment and make an discerning and dead environment in which instructors are isolated, without chances to collaboratively work out jobs, portion cognition, or larn together. In reasoning the intent of high interest trials is to better pupil accomplishment. While pupils with larning disablements have a batch to derive from increased focal point on pupil accomplishments it is besides evident that high bets trial does hold major deductions. Crucially, with respects to high bets proving more direct and concrete information is needed to demo that pupils are using factual information and reassigning their cognition, accomplishments and thoughts into a merchandise, a public-service corporation or a public presentation. However, high bets trial are geared towards bettering pupils and heighten the answerability that the contrivers are urgently seeking and supply the equity and regard that each and every kid is entitled to in the school system. Then it might be merely possible that every kid would acquire a opportunity to reflect.BACKGROUND TO HIGH STAKES TESTING IN TRINIDAD AND TOBAGOIn Trinidad and Tobago High Stakes Testing are done throughout our primary schoo ls, secondary schools and third establishments as these establishments have maintained a stiff arrested development on scrutinies. Standardized trials are good in that they are utile for comparing pupils countrywide since they are all required to analyze the same course of study for the same test. The Secondary Examination appraisal is no different as it awards a kid for farther accomplishment in the academic field. Secondary Entrance Assessment ( SEA ) Examination is a high interest trial that is used in Trinidad and Tobago to ease the arrangement of pupils in Secondary Schools.A The SEA comprises of three documents Creative Writing, Mathematics, and Language Arts with an allotted clip frame for each topic and covers the national course of study for Primary-level instruction with a focal point on Standards three to five. The Common Entrance was replaced with this debut of the SEA scrutiny high-stakes trial to be used as one of the tools to drive the instruction system in the right way. Planners would no uncertainty argue that there is good virtue for the application of this high interest appraisal. Besides the SEA exams uses standard tonss to use the discrepancy in each paper and hence allows the pupil ‘s to keep a criterion when they are combined, therefore guaranting equity in the arrangement procedure. Placement in secondary schools continues to be on the footing of virtue, pick of schools and gender. Merely when pupil ‘s picks of schools have been exhausted, will try be made to put pupils in schools closest to their places. In such a high interest trial as the SEA exams the paper contains open-ended points for which pupils are required to build their responses, instead than choose them from a figure of other options. Open-ended points can arouse different right responses from pupils, but the accent is on uncovering pupils ‘ thought. This high interest trial gives room for originative and critical thought leting pupils to develop their accomplishments. Students are required to demo their cognition of the mechanics of linguistic communication and expose their academic competences. While their exists certain wagess to the SEA high bets test the sum of accent placed on larning through past documents, â€Å" brochures † and sample trials speaks to the unfortunate importance of the understanding the trial format over the importance of understanding the existent stuff. Furthermore, what makes a â€Å" good school † good is how good its pupils perform at the terminal of these trials. This places an tremendous sum of force per unit area on the instructors to follow a narrow course of study and concentrate on memorising facts alternatively of developing more advanced abilities. For case where a instructor would wish to give her pupils a hebdomad to plan an experiment to prove the consequence of planetary heating, the clip factor before the S.E.A. exam merely does non allow her to make so. Alternatively of advancing fresh groundbreaking thoughts, instructors are forced to restrict themselves and pupils to walking the beaten way. Another downside is that the instruction system is organized in such a manner that if you have jobs memorising and regurgitating, you are branded as a individual who is â€Å" non bright † and your way is set from every bit early as the S.E.A. scrutinies. Those doors are non unfastened to you who have jobs declaiming information, because even if you somehow do it go through the first phase of S.E.A. , you end up in the same state of affairs at higher degrees in a system that has the same learn-by-heart demands of its pupils. This civilization of high interest trials in instruction has limited the capacity of our citizens to bring forth at an optimal degree in our society because it has limited creativeness of the instructor, of the pupil and of the ensuing work force. Standardized testing besides limits creativeness of the instructors. Our state ‘s overexploitation of tests to measure pupil public presentation is holding serious negative effects on instruction and acquisition. The trials have defined course of study. The standardised testing of SEA exams merely assesses pupil ‘s ability to shop and reproduce names, day of the months and facts. What is of import is that pupils memorize the expression and non that they understand it. This leads to a entire deficiency of capacity for groking cardinal constructs and believing in abstract footings. In add-on, how the topic is tested has become how the topic is taught and what is non tested is non taught. Students should non be asked to reproduce a twelvemonth ‘s work in a 70 proceedingss exam because this does non develop their critical thought accomplishments and analytical techniques. By heightening creativeness in the schoolroom, it will cultivate originality in believing which will enable citizens to see things otherwise and use new schemes and attacks to work outing jobs. Education should be an active experience where pupils are invariably engaged and where a love for acquisition is developed, instead than a hatred for concluding tests. Fortunately for us, Ras Shorty I did non hold to go through a music test in order to contrive soca and it is a good thing that Brian Lara did non larn to play cricket through a cricket enchiridion with batting expression. It is non the sweeping reproduction of novel-writing but the originative usage of written linguistic communication that makes VS Naipaul an acclaimed author. In decision high bets test such as the SEA scrutiny has its benefits and its negative impact. It is utile in puting criterions across the schools, territories and state. Besides it would be polar in constructing answerability into the system. Hence provide feedback so that accommodations and even restructuring could be applied to the system. However, peculiar attending to the course of study and instructional techniques, alteration of proving methods, more teacher encouragement and good observation are some of the other factors that will besides promote pupils to accomplish higher classs.Campaigners InterviewedData Collection InstrumentDate and Time of Interview1. Teacher 2. Parent 3. Student: One Two Three Interviews – Interviews were conducted with a instructor, parent and students, with respects to high bets proving. 2rd June 2010 @ 2:00 autopsy 4th June 2010 @ 3:30 autopsy 7th June 2010 @ 2:00 autopsy 9th June 2010 @ 2:00 autopsy 11th June 2010 @ 2:00 autopsyTeacher:After carry oning an interview with a SEA test instructor, Mr. Mehindra stated that most pupils sitting the S.E.A Examination are under intense anxiousness as the course of study had many countries to specify. He stated that the SEA scrutiny course of study is rather regime and demands a batch from the pupils composing the test. A major job he stated was the clip restraint that inhibits pupils from being originative as there is small or no clip to experiment with information. Formulae, regulations and grammatical constructions are learnt and merely applied to inquiries. While he found a high interest trial such as the S.E.A. scrutiny to be relevant and necessary as it standardizes proving of pupils who portion similar learnt cognition and ability as to what they have studied throughout their primary instruction. He stated that as a S.E.A. exam instructor such a high interest trial is indispensable because it allows for pupils to be motivated and encourages an environment for competitory acquisition. He besides mentioned that the accomplishment of transportation is at the bosom of larning and should non be left to speculate. It must be officially encouraged and become profoundly engraved and structured into the course of study in schools. In contrast he besides claimed that the existent winners are ever those who think outside of the box and who have put their cognition and endowments to creative usage in the humanistic disciplines, concern, scientific disciplines, humanistic disciplines, athleticss and across subjects and have good balanced and holi stic development.Parent:Most parents want what ‘s best for their kids. They want their kids to go critical minds with the accomplishments necessary for higher instruction and great success in life. As a parent of a kid who sat the SEA test late she was much relieved that it was done and over with. She stated that utilizing high bets test to do determinations with of import effects for single pupils can be intimidating. Her concerns were if the trials are being used right and reasonably. She besides stated that it was much work for her as it was for her kid because she spent same sum of hours awake and was emotionally stressed out by the volume of worked needed to be covered by her kid. Besides the memorisation of all the assorted expression and grammatical regulations were rather overpowering. She found that the SEA test high bets test promoted a narrow focal point on acquiring the right reply and contract the course of study to whatever information is expected on the trial. Thinking outside of the box is discouraged. Capable countries such as art, music, wellness and scientific discipline got fringy attention.A Conversely she besides expressed rather an interesting point by acknowledging that high bets test facilitates higher acquisition accomplishments. She besides appreciated the fact that the SEA test high interest trial in peculiar besides encourages an environment for competitory acquisition.Student # 1As a SEA exam pupil it proved to be rather ambitious and boring Cavita stated with a diffident smiling. She has late completed the SEA scrutiny and shared some of her late fond memories. The effects of the high interest SEA test did so take a toll on her. Her full agenda had changed as she had increased her perusal hours because the work got really demanding, which in bend reduced her extracurricular activities by about half. She besides stressed of the scope of inauspicious emotional reactions, of which she frequently felt down, disquieted, or embarrassed. Besides at times she felt stupid and less proud of herself. While there was the motivative factor of competitory acquisition she besides stated that it was so a immense challenge. Cavita besides mentioned that her parents were rather supportive and did so attend to her every demand. Her female parent would frequently remain up while she studied and if she was hungry made a speedy bite for her to crunch on. She did nevertheless hold that standardising a high bets test such as the SEA tests do hold its benefits, as it allowed a similar scene of criterions across the schools, territories and state. Furthermore she stated that it gave a sense of what to anticipate at secondary and third degree scrutinies.Student # 2Ravi is a originative kid who is non really fond of tests. When questioned about the SEA test he was a spot hesitating about the subject because he found the test to be an highly hard undertaking. He argued that it was excessively much work to larn in excessively small clip. He stated that at times the focal point on memorisation of ex pression and grammatical regulations were rather overpowering. Besides he stated that instructors teach the course of study and merely what is in the course of study and as such originative humanistic disciplines and scientific discipline undertakings are sidelined in order to complete the demanding course of study. Next, he mentioned how boring it used to be as instructors focus on so many trial documents and past documents that at clip he felt suffocated. His extracurricular activities were denied as he had excessively much work to concentrate on. However he besides stated that he was a spot slower than others and frequently felt down and defeated, therefore, the demand to seek harder. On the positive side he was appreciative to the fact that in such a high interest trial as the SEA exam he can look frontward to capture into a secondary school, which in bend was his motivative factor.Student # 3Small speculative heads ever think critically, as such is this student who late wrote the high bets SEA test. She found the SEA scrutiny to be a ambitious vas to greater accomplishment. She stated that it a mechanism that is used to actuate pupils and instructors likewise. Student should desire to execute good to experience a sense of achievement as go throughing this test allows you to graduate and travel on to a secondary instruction. Teachers should besides experience accomplished when their clip and attempt is appreciated, non merely by their pupils but parents every bit good. She besides pointed out that standardising trial such as the SEA scrutiny will let pupils a just opportunity of equality as the same trial is given to each kid. She besides did non bury to advert that a high interest trial as the SEA test will besides help in puting criterions across the schools and state. On the downside nevertheless, she stated that a batch of analyzing had to be done and as such her extracurricular activities were minimum. Besides being originative was non an option as memorisation of assorted expressions and grammatical regulations was a cardinal factor in go throughing the SEA test.THEMES DERIVED FROM ALL INTERVIEWS TAKENHarmonizing to the World Wide Web, a subject â€Å" is a consolidative thought that is a perennial component in literary or artistic work, † in a sentence, paragraph or try. Many subjects can be derived from the interviews taken every bit many responses were likewise based. While it s true that each individual has given their valuable and honest parts towards this assignment, it can be noted that many of us are of the same position when it comes to standardised testing, and to a big extent Secondary Entrance Assessment Examinations, and that it that it is clip devouring with its overladen course of study, it encourages competitory acquisiti on, disputing, motivationally structured and it diminishes any excess clip towards extra-curricular or other capable affairs. As a instructor in the primary school, I am to the full cognizant that the clip tabular array is shifted doubtless when a kid escalates to the standard 5 category. Besides, small or no clip is given to extra-curricular activities every bit good as Creative Humanistic disciplines, Music, Science and Social Studies. It was besides highlighted that there are excessively many expressions, regulations and grammatical constructions which are to be mastered in order to keep and put high at its terminal. Decision In kernel, high-stakes testing has its benefits and its disadvantages. High bets trial is aimed at making better accomplishing pupils. A High-stakes testing is designed to keep single studentsA accountable for their ain trial public presentation, unlike â€Å" system answerability, † which is aimed at the suppliers of instruction, such as, school territories, and schools. However, this can non be achieved if the system is smothering the creativeness of the people. Memorizing a text edition is no replacing for advanced thought. The creativeness for advancement that should hold been cultivated in the schoolroom is missing. Therefore neglecting to go through for a esteemed school at the S.E.A. scrutiny does non specify a individual it merely puts you at a different degree. Rather the inquiry is how best to utilize high-stakes testing. Furthermore, sufficient resources must be provided for professional development of instructors in the usage of trials and redress of pupils who ab initio fails. Policymakers must non lose sight that the ultimate end of a comprehensive answerability system is non to honor or penalize, but to better the bringing of course of study and increase pupil larning. Some balance could be brought to bear on the overdose of these pen-and-paper trials if schools become committed to a annual expounding of kids ‘s work highlighting, among others, their accomplishments in athleticss, the ocular and executing humanistic disciplines, and the school ‘s outreach community programme, to be viewed publically by school functionaries, nucleus stakeholders and other service suppliers. It provides indirect grounds that pupils are showing understanding of their cognition in context. Therefore it is of my sentiment that a high interest trial does non specify an person but help a pupil into going a more successful and accomplishing individual. In Trinidad and Tobago we must recognize that the consequence of the instruction system which revolves about high bets scrutinies is non ever the most achieving method but a mechanism used to assist ease higher accomplishment.

Comparing Australian and Japanese Lifestyles Essay Example

Comparing Australian and Japanese Lifestyles Essay Example Comparing Australian and Japanese Lifestyles Essay Comparing Australian and Japanese Lifestyles Essay Comparing Australian and Japanese lifestyles Education system in Japan to Australia The Japanese school and education system is very strong and one of the best in the world with 100% enrolment rate and only 2% high school dropout rate. The school system in set out in a 6-3-3-4 6 years in primary school, 3 years in junior or elementary, 3 years in high school and 4 years at University or collage. This school system is very different in Australia with school rates can be up to 17% with a far perfect enrolment percentage. The school system also sees us attending 7 years in primary school, 6 years in high school and around 4 years in University or tafe witch is offered to Australian students. Tafe is an alternate option to University you may attend tafe without your HSC. Japanese year goes from April to March it is a 3 term year and for holidays getting 6 weeks for summer and 2 weeks for a winter and spring break they arrange to have holiday breaks when most of the holidays are on like cherry blossom festival. But for elementary school who have 6 hour day with is one of the longest school days in the world, they also only get 6 week holidays in summer and 2 week holiday in winter and spring witch if always filled with homework. Australia school year ends in the middle of December and starts on the 1st of February. Having a 4 terms throughout with a 6 week- 7 week summer holiday and 2 week holidays in spring, winter and autumn. Japanese children find school to be a tough part of their life waking up early and coming home late with very little days off and lots of homework, working close to every hour of the day and making school there life. Because of the petite amount of teachers and stuff they cram 40-50 students in a class room making them have little time one on one with the teacher. Where Australians schools are much more free have little homework of the younger years, with holidays that are not filled with homework the school day is also shorter and ending with happier kids. Australia has many trained teachers making 20-30 students in a class leaving kids better involved. Gender roles Gender roles in japan are developing everyday but they are not as evolved as the western society. Japan still sticks into the belief of the wife doing most of the domestic housework leaving the husband doing as little as 20 mins a day if any. A modern Japanese family also tries to keep as little as possible contact with the wife and husband leaving an half an hour a day of conversation. The wife also is in charge of childcare, saying that the husband must only play with children on weekends. Once their first child is born into a Japanese family the wife must only called mother and the husband dad. Australian culture thinks very differently. Because of are right to a say in our society we have grown to have our own personality and interest, leaving us with every Australian household family to be very unique and every little way. Children in Australia normally use their experience with their mum and dad and what they believed where there gender roles in the house hold, and use them in their own families once they have grown up. These roles could be from the traditional wife stays at home cooks and cleans while husband works and brings in the income, to both parents working and everyone in the house pitches in to keep the house clean. In my personal experience my dad worked while my mum stayed at home, when I have a family I hope to do that to so I can build a strong relationship with my children and be there for them at any time of the day when they need me. Every country has different beliefs and values and that’s what we have seen the diversity in the Japanese and Australian way of living. None of them are a wrong way of living or right it is what we grow up with and what are family’s think are the best of us, the way we grow up is to make us good people who have lots of knowledge so we can make responsible and well thought out dictions in the future, for bringing up a family or making your own career path it’s up to you.

Fear and Horror in the Works of Poe Essays

Fear and Horror in the Works of Poe Essays Fear and Horror in the Works of Poe Essay Fear and Horror in the Works of Poe Essay â€Å"I became insane, with long intervals of horrible sanity†. This quote by Edgar Allan Poe portrays his true feelings, emotions, and his psychological state towards people and society because he could not handle the reality he was living in. Since there were so many deaths revolving around his life, he could not help but feel lonely and depressed all the time. Perhaps his tragic life enabled him to write stories such as â€Å"The Tell-Tale Heart† and â€Å"The Cask of Amontillado†. Through these stories, he was able to show the readers the violent and cruel actions a man can do just to satisfy their own desires. Poe established an atmosphere of fear and horror in both stories by using the setting, mood of the character and story, and the mental state of the characters. First of all, both stories make it easy for the characters to kill because of the setting. In the story â€Å"The Tell-Tale Heart†, the readers do not know much about the old man, and his relationship with the narrator. However, it is clear that he dislikes the â€Å"Evil Eye† and wants to get rid of it. The setting of this story is just a room in the old man’s house, but Poe successfully creates a dark and scary mood by making the readers imagine what is happening. Moreover, killing the â€Å"Evil Eye† or the old man in a dark room on his bed made it effortless for the narrator to murder him. Thus, the setting in the story actually helped the narrator to kill the man with ease. On the other hand, in â€Å"The Cask of Amontillado†, the story takes place in a carnival in Venice where people should be enjoying their time by merry-making. Usually, people who seek revenge would kill someone in a silent or rainy night so that there would be no witnesses , but Montresor decided to do it when people less suspected it. Carnivals are places where you can celebrate your freedom, and for that reason, you can do whatever you want. However, it is ironic that Fortunato loses his freedom :

Symbolism in The Eyes of the Dragon by Stephen King Essay

Symbolism in The Eyes of the Dragon by Stephen King - Essay Example Mostly fairytales apart from the original story have to tell the other stories as well. The writers of the fairytales use some symbols to take the simple narrative to a higher level where it unravels some cosmic realities. Symbol is something which stands for something else. Generally concrete objects are used as symbols to conceptualize the abstractions. Symbols are born out of the connotative meanings of the words and are used by the skilled writers to highlight the abstract concepts. The novel The Eyes of Dragon, though apparently a fairytale, employs certain symbols and involves archetypal characters like Flagg (the incarnate evil: the offspring of the infernal serpent). The very age of Flagg suggests that he is more than a human character. The timelessness he enjoys makes him a symbolic character. Peter represents the archetypal innocent hero always beguiled by a near one (Thomas). Archetypes are actually the symbols that recur in literary depiction and are the offspring of huma n unconscious. Northrop Frye () and Jung contend that human unconscious has a stock of images or symbols that are shared by all and have some sort of cosmic significance. The symbol of Eyes of the dragon is a stock symbol used traditionally to distinguish between good and evil. Koch (2003) declares that The Symbol of Dragon’s Eye belongs to ancient Germanic tradition. ... It also stands for balance of power, love and wisdom. In King’s novel it relates to the mystery and also acts as the crystal ball through which u can see the see the truth. Thomas sees Flagg poisoning his father through Eyes of dragon. Thomas heeded Flagg's advice not to go often, but he did use the passageway from time to time, and peeked at his father through the glass eyes of Niner-peeked into a world where everything became greeny-gold. Going away later with a pounding headache (as he almost always did), he would think:Your head aches because you were seeing the way dragons must see the world-as if everything was dried out and ready to burn ( King , p. 78). The animals in the Novel (their symbolic significance) The animals in the novel have symbolic significance. The animal kingdom is represented in many instances from dogs to dragons and all of them have symbolic significance. Animals can be divided in to two groups: one belonging to evil and other belonging to good. Anim als related to Flagg are the harbingers of evil and destruction while animal of the good group represent faithfulness. Frisky represents the archetypal guide soothsayer who brings the protagonists to their required destination. According to Michael Peebles (n.d.) animals related to Flagg are the symbols of his evil designs for the kingdom. He means corruption to the Kingdom and the animals are the instruments that bring this corruption. The dragon is on such example and another example is the hawk.† Frisky The dog is the cosmic symbol of faithfulness and in Christianity takes the role of guide. Frisky, with his noble nose helps in locating the exact place where Dennis, son of Brandon has gone to from Peyna’s farmhouse. The Dragon