Monday, September 30, 2019

Report of the Leadership Camp Essay

On the 27th- 29th, Co-curricular Unit of SMK Tun Mamat organised a Leadership Camp at Perimbun Resort , Cheras. The camp was attended by all presidents and secretaries of the various clubs in school. About 72 participants include facilitators joined this three days camp. Its objective is to install leadership qualities and to improve teamwork among presidents and secretaries of various clubs. Youth leaders from local university are invite to be facilitators along this three days camp. Facilitators are invited from local university, known as University Kebangsaan Malaysia (UKM). During this three days camp, several activities are arranged for participants. On the first day, after the registration of participants a briefing about the camp was given by facilitators. After that, participants were setting up tents. Then, participants were distributed among several groups and group activities were held. By participate in group activities, one can improve the leadership qualities such as group leader quality and also teamwork. Leader of the group should have a clear vision of what they want their team to achieve. Not only must there be an awareness of this common goal of the group but it must also be shared and agreed upon with the other members of the team. On the second day morning , it was a morning exercise. Some survivals skills are explained by facilitators.Those survival skills are important to all presidents and secretaries of clubs. In this camp , some of the important attributes that go into producing a good leader were highlighted. Such us , understand that every team member is different , be a model . An effective leader should firm the team up by having team and individual meetings to inspire and motivate team members. This can be done when a member of club representing to a competition. During the night , participants go on a ten-mile hike. The last day of the camp is the most memorable part . On the third day , there was a feedback session whereby participants have been asked about the camp. The co-curricular unit of SMK Tun Mamat was able to carry out this camp successfully because of the high commitment and dedication of all teachers and students.

Sunday, September 29, 2019

Ambition Essay 11

?Ambition Nowadays, many people think ambition is antisocial, it is never a pretty prospect to ponder. But in my opinion, ambition is important and necessary for our society. Ambition is a fundamental skill of accumulating power and living a good life. It produces action. It makes choice possible. It is a narrative or context of concerns and commitments that brings forth moods of passion, assessments of situations and actions, strategies and tactics, requirements for power, and skill. What if a person does not have an ambition? A person without ambition has no commitment to take care of their future. They may want, desire or prefer a good future, but they lack commitment to do so. They do not act in the present to produce favorable consequences in the future. And to think of it, what the world will be like without ambition? The highly developed society hangs back and new invention disappears. New discovery vanishes. All of which human beings creates will never come to our life. That's an unbelievable phenomenon. So in my opinion, ambition is so important and necessary for both individuals and our society that we will never abandon falling in it. To begin with, I think if one's ambition is greater than the others, he or she will get more at last. For example, In the Three States conflicts, a famous leader named Cao Cao, whose ambition is to climb up to the summit of great rights. Through a list of methods such as absorbing some knowledgeable person makes him succeed finally. Secondly, some ambitious ideas contribute to the success of our society. If we don't dream flying like the bird, we'll never invent the plane. f we don't want to stay in the waters for a long time, we'll never make the first submarine. If we don't want to step on the moon, we'll never create the spaceship. Ambition is like a flower, whose smell is so sweet that lure people to get it. Ambition is like a hawking, whose expectation is to fly high and high to the blue sky. If a person doesn’t have ambition, his life will be dull. If a person doesn’t have ambition, his colorful world will fade. a person don't have ambition, he will achieve nothing. Someone will say, ambition may be destroy the building of modern moral society, which built by our ancestor. To the contrary, it's because of the ambition that the building could be existed. I don't think that someone is an ambitious person is wrong. In a word, I am totally agree that ambition propels our life and make our world go around. It's so important and necessary that we'll all have to stick to it if we want to make a difference.

Saturday, September 28, 2019

Technology Evaluation - Big Data Analytics Research Paper

Technology Evaluation - Big Data Analytics - Research Paper Example Furthermore, Sathi (2012) explains that most enormous data projects normally originate from the desire of answering specific questions relating to business operations. These questions might include on how to increase sales, effectively manage the organization's human resources, and methods of cutting organizational costs. Liebowitz (2013) therefore maintains that with the right platform of big data analytics, an organization will gain the capacity of increasing efficiency, boosting sales, improving operations, risk management, and customer service. This paper is an evaluation study plan, aimed at understanding the benefits and costs of using the technology of Big Data Analytics. In meeting the objectives of this paper, the researcher will identify the research questions that this technology aims to solve, methods used in conducting the study, the limitations, and timeline of events. As large business organizations initiate measures of improving the security system of their computer networks, a common method is being used to employ security staff, as well as establishing a central Information Technology security system (Bethlehem and Biffignandi, 2012). Business organizations have increased an emphasis on the physical security, personal safety, as well as the protection of their important critical infrastructures. This has led business organizations and higher learning institutions to develop a wide range of job titles, reporting relationships, segmented job functions, for purposes of describing how to approach the privacy of data, and protecting personal information, intellectual properties, and security of networks and computer systems (Kibert, 2012). Big Data Analytics concerns itself with analyzing enormous volumes of data, and this becomes a security issue.

Friday, September 27, 2019

Training Module Essay Example | Topics and Well Written Essays - 500 words - 1

Training Module - Essay Example This is critical since working life cannot be fruitful without a social life. This paper presents a training module for managers that will help employees manage their work and life boundary. The managers will undergo extensive training on how to build an effective relationship with their subordinates. Moreover, the managers will learn how to increase the motivation of employees such as rewarding competent employees and allowing them to be part of decision-making. The manager will increase workers commitment to work thereby minimizing absenteeism. The managers will experience one-week training with an estimate of two hours daily. The program will assist managers to maintain stability within their organizations. Additionally, this program will educate them on ways of increasing employee motivation within an organization thereby ensuring high motivation of employees throughout. When workers are proactive, they will do anything necessary to ensure that the corporate achieve the goals and objectives (Fox, 2009). An organization where subordinates exhibit low motivation is entirely vulnerable to both internal and external complexities. This is because the employees do not have the capacity to work an extra mile in upholding the organization stability. Therefore, an unsteady organization eventually underperforms (Fox, 2009). At the end of the training, the participants will have the capability of developing ways of communicating efficiently any information workers require to perform their duties effectively. Secondly, this training will enable managers develop ways of ensuring that workers attain motivation from the nature of work. Thirdly, the participants will have the capacity to empower employees to delegate. The training is conducted to equip employees with information on the need to develop balanced work/life activities. This is fundamental because developing a viable work/life boundary is a performance measure that individuals should undertake to improve

Thursday, September 26, 2019

Analyzing of Organs for Sale Essay Example | Topics and Well Written Essays - 750 words

Analyzing of Organs for Sale - Essay Example Paying people for offering their kidneys would increase donors and this would save lives as opposed to waiting and wishing to get people to donate their kidneys voluntarily at no cost. The author poses a great question to support her argument that, if it is legal and right to pay men for giving out or donating sperm, why then is it hard to pay people for donating kidney? This question helps readers to think critically about why it would be great to donate body organs to save the society. The author concludes her article that, legalizing organ selling would benefit the society by saving thousands of lives. Overall, the article is great in content as the author does an outstanding job at giving facts to reinforce her points and convince readers why they should believe in her argument. The article creates a platform for readers to understand various benefits that would emerge in a society if the government regulated and emulated organ selling. This would save lives and eradicate the high rate of poverty especially in third world countries. From these points, it is evident that organ selling would be profitable for health and economic purposes. Additionally, the article is well-written and documented with facts that many people suffer from kidney disorders. For instance, the article highlights that over 300, 000 Americans suffer from kidney disorder. Unfortunately, most victims die since there are no drugs that revive a damaged kidney rather than replacing another kidney. At this point, the author argues that kidney transplantation is the best option to cure the disorder since it is reli able and safer than other treatment that may negatively affect the patients’ body. These facts outlay the benefits of kidney transplantation and why many people should opt for the idea. In great thoughts, the author uses facts to support her argument. For instance, she brings into attention that there is a surplus of kidneys especially in third countries

Wednesday, September 25, 2019

Does ultilitarianism clash with John Stuart Mill's theory of liberty Essay

Does ultilitarianism clash with John Stuart Mill's theory of liberty - Essay Example democracy, skepticism and tradition (this he does at the same time), and liberty but each must avoid dogmatic thinking while operating, and the rights of the individual are sacrosanct. His extraordinary thoughts are difficult to understand, but if grasped as for their correct import, they must provide lots of valuable input for the practicing politicians of the day, as well as to evaluate the works of the thinkers, past and present! It is difficult job for an ordinary reader to try to understand whether his utilitarianism clashes with the theory of liberty; for the intelligent also, it is a tough exercise. Whereas he focuses on the individual and extols freedom, he dubs majority humanity as mediocre. Why the defender of freedom entertains such contradictory ideas? Critics, therefore, dub Mill as one of the most egotistical and arrogant philosophers. J. S. Mill was an English philosopher and economist. He wrote Utilitarianism in 1861. This essay propounds a moral and legal theory, with roots in classical philosophy. Its argument is straightforward. â€Å"Morality consists in bringing about the best state of affairs, and that the best state of affairs is the state with the greatest amount of happiness for the greatest number of people. Utilitarianism continues to be an important theory in modern philosophy.† (Spark Notes†¦) Mill had problems later with his own aversions to say that utilitarianism was too unemotional and that it failed to capture or understand the higher pleasures. His struggle to reconcile Utilitarianism is evident in his later writings but he did not reject utilitarianism as a moral theory. He continued to uphold a more complex version of utilitarianism. Mill defines utilitarianism as a theory based on the principle that "actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness."(Spark Notes) Happiness according to Mill is pleasure and the absence of pain. Having said this, he

Tuesday, September 24, 2019

Exam Questions Article Example | Topics and Well Written Essays - 1000 words

Exam Questions - Article Example This argument is also explained in the 2008 National Defense Strategy (NDS) document. â€Å"The most important military component of the struggle against violent extremists is not the fighting we do ourselves, but how well we help prepare our partners to defend and govern themselves† (NDS 2008, P8). This statement, found in the national defense strategy of 2008 helps one understand President Obama’s words better. He does not seek to eliminate the extremist threat from Afghanistan simply through brute force. Rather, he advocates sending additional troops to the country to stabilize the situation there and create an environment where the Afghan security forces can be trained to hold their own against the extremist threat. Once that task is accomplished, the US would not need to be an active participant in the war against Al Qaeda and its associates in the country and could withdraw its troops subsequently assured that no threat to its own national security would be foster ed in Afghanistan. 2. The 2008 national defense strategy clearly states that its intent is to counterbalance the DoD’s hitherto approach of concentrating on conventional warfare through a ‘mastery of irregular warfare’. ... The 2008 NDS aims to focus on winning wars such as those in Iraq and Afghanisthan through more than just sheer military power. It recognizes the threat posed by their enemies in the more overt forms visible today as well as the less obvious ones such as the manipulation of global opinion through mass communication venues and through exploitation of international commitments and legal avenues. The strategy also advocates bolstering intelligence capabilities to detect and analyze new forms of warfare and come up with strategies and approaches to counter the same. One can take the attitude of the US towards Afghanistan as a fitting example of this new approach. Rather than simply annexing the country and weeding out elements of extremist violence posing a threat to their national security, the US has chosen to help the people of the country gain control of their own lands and successfully defend it from the Al Qaeda and Taliban. By doing so, they not only weaken their foes in the countr y, but also make the country impervious to their influence, effectively cutting them off from the safe haven and the weapon supplies that they hitherto enjoyed over there. By concentrating on irregular warfare, the NDS looks to ensure a lasting and less expensive (in terms of funds as well as loss to life and property) war for America’s security. 3. The US foreign policy towards Somalia, as mentioned in the 2007 report, aims to eliminate the terrorist threat in the country and bring political stability to it, by helping the people establish a functioning central government. It also aims to address the humanitarian needs of the Somali people. One of the major interests for the United States of America in Somalia

Monday, September 23, 2019

An Analysis of Two Comparative E-commerce Companies in China Dissertation

An Analysis of Two Comparative E-commerce Companies in China - Dissertation Example As a result, business trust is built only when consumers have opportunities to conduct business in a face-to-face context. Thus it is generally concluded that e-commerce challenges in China is a result of a deficiency in trust in online merchants and the fact that individuals purchase goods in the absence of a face-to-fact meeting and an absence of â€Å"guanxi† (interpersonal relations).3 This research study seeks to provide an understanding of how and why e-commerce has been slow to develop in China. We examine and analyse, organizational culture and its impact on competitive strategies in China’s e-commerce business and the impact of Chinese culture on the e-commerce business in China and on organizational culture generally. This study is conducted by virtue of a qualitative case study in which a comparative analysis of two e-businesses forms the basis of the research: E-bay China and Taobao. Table of Contents Abstract 2 Chapter One 5 Introduction 5 1.1Introduction t o the Study 5 1.2. Problem Definition and Key Questions 12 1.3 Research Aims and Objectives 13 1.4 Motivation for Study 13 1.5 Importance of the Study 14 1.6 Research Task 15 1.7 Structure of the Thesis 15 Chapter Two 16 A Review of the Literature 16 2.1. Introduction 17 This research study attempts to answer key questions namely: 17 2.2. The Significance of E-Commerce for Organizational Performance and Success 18 2.3. The Impact of Organizational and Environmental Factors on E-Commerce Success 20 2.4. Obstacles to E-Commerce in China 25 2.5. Conclusion 28 Chapter Three 29 Research Methodology 29 3.1. Introduction 29 3.2. The Nature of the Enquiry 30 3.3. Sampling 31 3.4. Questionnaire Development and Interview Schedule Development 32 3.5. Treatment of Bias in Study 33 3.6. Non Responses 33 3.7. Ethical Considerations 34 Chapter Four 36 Qualitative Data Analysis 36 4.1. Introduction 36 4.2. Qualitative Theme: Cluster Analysis 37 4.3. Results 38 4.4. Reliability and Validity Analyses 40 4.5. Association Between Variables/Constructs 41 4.6. Conclusion 42 Chapter Five 43 Discussion and Conclusion 43 5.1. Major Research Findings 43 5.2. Implications of the Study 47 5.3. Limitations of the Study 48 5.4. Further Research 48 Bibliography 51 Appendices...............................................................................................................................50 Chapter One Introduction 1.1 Introduction to the Study E-commerce is driven by global, environmental and policy issues that function to determine the extent to which e-commerce diffusion emerge in a particular environment. Business to business (B2B) e-commerce is typically steered by global factors and business-to-consumer (B2C) appears to be driven by local factors. However, in B2B e-commerce, businesses are under pressure to adopt B2C e-commerce strategies in local markets so as to remain competitive. Thus, local consumer markets and local e-commerce is important for businesses wishing to re main competitive globally. Although all consumers are attracted to â€Å"convenience and low prices†, there is a difference in terms of consumer attitudes, preferences values, culture and distribution along consumer markets in different countries.4 This

Sunday, September 22, 2019

Comparative Study of US Dollar and Euro Essay Example | Topics and Well Written Essays - 2000 words

Comparative Study of US Dollar and Euro - Essay Example Apart from its superior position in markets around the world US Dollar seems as more prepared, compared to other currencies, to face long term economic pressures. Reference is made in particular to Euro, a currency that has challenged the hegemony of US Dollar in global market. Current paper provides a comparative analysis of the two currencies. Emphasis is also given on the factors which have mostly affected the performance of these currencies, especially in regard to 2009 onwards. The financial recession of 2008 and the Euro zone debt crisis, that followed, are used as key events for the evaluation of the potentials of the two currencies in the future. In general, the US Dollar is proved to be stronger both in case of unexpected turbulences and in case of long term economic downturns. 2. US Dollar v Euro – Comparative analysis 2.1 Value of US Dollar compared to Euro The value of US Dollar towards Euro has faced important fluctuations. The turbulences in the global financial market, as related to the Euro Debt Crisis, have led to the decrease of the value of Euro, compared to US Dollar. Indeed, In January 2012 the value of Euro reached the $1.274 (Index Mundi 2012), which is rather low compared to the currency’s value in the past. For example, in January of 2011 the value of Euro was estimated at $1.3371 (Index Mundi 2012). Up to July 2012, the value of Euro towards that of US Dollar was significantly decreased a fact that was related to the continuous deterioration of the Euro Debt Crisis. In July 20 of 2012 the value of Euro reached the $1.2176 (Index Mundi 2012), a quite low level. This fact has caused severe concerns to the leaders of EU. The threat of a potential collapse of the Euro zone had appeared. In order to understand the position of Euro towards the US Dollar it would be necessary to refer to the fluctuations in the value of these currencies for the last four years, i.e. from 2009 up to 2012. In this way, it would be made clear wheth er the power of the two currencies in the global market is equal or whether one of them is at an advantageous position. During 2009 the value of Euro was decreased at a level of 20%, compared to 2008. The global financial crisis of that period has been probably the key reason for the above phenomenon. At the end of the above year the value of Euro was estimated to $1.43 (Index Mundi 2012). The year that followed, 2010, the value of Euro was further decreased; by the end of 2010 the value of Euro was fell to $1.32 (Index Mundi 2012). Again, the Euro Debt crisis, which has appeared to be more intensive in Greece, has been related to the further limitation of the value of Euro towards that of US Dollar (Index Mundi 2012). During 2011 the distance between the two currencies was further decreased. In the beginning of 2011 the Euro seemed as able to increase its power as a global currency. Indeed, the introduction of effective measures in regard to the Greece debt crisis has caused pressu res on US dollar; during the first months of 2011 the US dollar lost a 10% of its value (Index Mundi 2012). At the same time, Euro was strengthened reaching the $1.4675 by July 2011 (Index Mundi 2012). It seems that investors were, still, afraid of investing on US Dollar due to the US Debt crisis of 2008, especially since the above crisis resulted to a global recession. Moreover, it was in that period that the interest rate in the EU was increased to 1.5%, a fact that highly favored the Euro towards the

Saturday, September 21, 2019

Load Shedding Crisis in Pakistan Essay Example for Free

Load Shedding Crisis in Pakistan Essay The Indus River is the most famous, major and the longest river in Pakistan. It origins in Lake Mansaroor, Tibet and finally after running across the country through Khyber Pakhtunkha, Punjab and Sindh Provinces flows into the Arabian Sea. In Khyber Pakhtoonkha province it is named as Abaseen which means the Father of the rivers. It displays a tidal bore and the river system is fed mainly by glaciers and snow of the Himalayas. Flow of the river is fluctuated according to the seasons, being lower in winter, and over flowing its banks in monsoon season, from July to September 1. The formation of the embryonic Indus River, South Asia’s main source of surface water, may be began 50 million years ago when the Indian plate, Gondwanaland collided with Eurasia for the first time. The Indus River system is consisting of three main reservoirs, 16 Barrages, 2 Siphons across major rivers, 12 inter link canals, 2 head-works, 44 canal systems (23 in Punjab, 14 in Sindh, 5 in Khyber Pakhtunkhawa and 2 in Balochstan) and more than 107000 water courses. The total length of the canals is about 56073 km. The entire basin of the river covers maximum area of about 384,000 square miles of open land, from which 204,000 sq. km lies in Pakistan. The famous Dam Tarbela and GaziBrotha Hydro Power Project are the most important engineering works on this river. Length of the Indus River – 2700 Km, Catchments area – 404220 Km and Annual Average flow – 48 MAF. Blind Dolfin is found in this river. The disputed Kala Bagh Dam have also to be constructed on this river. 2. River Sutlej ( Red River) River Sutlej is a major river in Pakistan. It is the longest river and aslo included in the rivers that give Punjab (meaning â€Å"Fiver River†) begins from the west side of Tibet in the Kailas mountain ranges. It Flows from Northwest and West – South West via Himalayan valleys; it flows through Himachal Pardesh (India) and reaches Punjab plains in Hoshiarpur district, Punjab state. Sutlej River has aslo its another name i.e Red River. According to the Sindh Tas Water Treaty 1960 the right of the India on the River Sutlej has been admitted and India also has stopped its water supply  completely to Pakistan by construction of different dams and barrages. Now only in case of flood its water flows to Pakistan. Total length – 1450 km Length in Pakistan – 526 km Important Engineering– Dialpir canal, Islam Barrage, SulemankiBarrye Catchment Area – 65932 km Annual Average flow – 0.021 MAF 3.River Chenab: The River Chenab is also a major river in Pakistan. The word Chenab is the collection of the two words â€Å"Chen† means moon and â€Å"ab† means water. The Indian also named the River Chenab, Iskmati or Ashkini in Vedic times. Chenab River is generally considered to be the second healthiest river of country after River Indus. This river begins from the Kulu and Kangra districts of the Himachal Pradesh, provinces of India. Two Primary Streams of Chenab River—the Chandr, and the Bangr—rise at a height of 16000 feet. These two join at Tandi in the state of Jammu and Kashmir. The river Chenab is feeded by too many tributaries on the long voyage from its headwaters, it attains gigantic power above Kashmir. It enters Pakistan at Sialkot near DiawaraVillage. It also joins the river Jhelum at Trimmun, District Jhang by a head works. The famous love stories of Heer Ranjha and Sohni Mahiwal circles around this famous river giving it a significant place in the Punja bi culture. Length in Pakistan – 724 km Important Engineerings– Marala Barrage khanki Barrage Catchmeet Area – 41656 km Annual Average flow – 12.38 MAF 4.River Jhelum: The Jhelum is also another major river in Pakistan. This is a large eastern river of the Indus, and amongst the few rivers that begin from Kashmir. It begins from a deep spring of Vernag, in the Indian-Occupied Jammu and Kashmir state. Afterwards it moves towards North-West from the Northern slope of the PirPanjab range to Wular Lake. The river Kishangaga joins it at Mazaffarabad, and then they bend southward forming the border between Azad Kashmir and Khyber Pakhtunkhawa. It tunrs at Jhelum City to South-West ward to Khushab District and then bends outwards for joining the Chenab  River. A war was fought between the Alexander the Great and Raja Pourus on the bank of this river. River Jhelum has become a major spot for the attraction of tourist for the last many years. The Mangla Dam the second large dam of Pakistan is constructed on this river which is also one of the largest land-fill dams and a famous attractive spot for the tourists. Its reservoir are irrigating about 3,000,000 acres of land in Pakistan and its electricity production capacity is 300 MW. The nine bridges constructed over the river Jhelum are famous points for attraction of the tourists. Total length – 725 km Length in Pakistan – 379 miles Catchment Area – 21359 miles Annual Average flow – 11.85 MAF 5. River Ravi: The Ravi is a famous river of Pakistan. The indians named it as â€Å"Iravati or Parushani† in Vedic times, is the smallest of the five tributaries of the great Indus River that give the Punjab Province (meaning â€Å"Five Rivers†) its name. It is an indispensable part of the Indus River system because it formulates the heads waters of the Indus basin Ravi origins in the Himalayas in the Indian State of Himachal Pradesh, and flows west-northwest past Chamba, bending southwest at the boundary Jammu and Kashmir. Afterwards, it flows toward the Pakistani border and along it at least 50 miles before entering Punjab. It then flowing through Lahore bends west near Kamalia, and after covering a distance of about 450 miles it empties into the Chenab River south of AhmadpurSial. Lahore, a famous, historical, ancient city and the capital of Punjab is situated at the bank of ravi River. Hydrology of Ravi River is dependent on spring snow melt. In winters the flow in the river is considerably reduced but in summers it has flood discharges in excess of 600,000 cubic feet (17,000 cubic meters) per second Length in Pakistan – 675 km Important Engneerings – Balloki and Sindh nai head works. Catchment Area – 25185 km Amnual Average flow -1.47 MAF.

Friday, September 20, 2019

Social Integration in UAE Essay

Social Integration in UAE Essay Section: 1 Social Integration Essay The process of social integration of a complex consisting of several dimensions involving the participation in work and production, and real consumption, is looking forward to the many, and to participate in caring for the public and social practice, and much of the social interactions.  On this basis, the individual is socially integrated if he takes part in the core activities of the society in which they live. The core activities are intended to be able to purchase goods and services, to participate in activities of economic and social value, to participate in decision-making process at the local level or national origin, and integration with family, friends and communities.  Social integration concept created by each society and every group for the purposes of individuals and groups from the situation of disagreement and conflict to the situation of living together. It also reflects the social integration of the form of access to political and legal systems necessary to make these rights a reality. There is a deep awareness in the UAE that the only guarantee of sustained development is continuous investment in education, health and social services, with the provision of meaningful employment for all.[1] (Social development, 2009), but as everybody knows that money doesnt last forever and they should think of looking for something else that they can use from their children or their boys and girls that they spent a huge amount on giving them the best life they ever thought of it or dreamt of in order to pay them some of what they have done to them. The UAE population increased by a staggering 74.8 per cent between 1995 and 2005, the date of the last census. This is one of the highest population growth rates in the world. Estimated by the Ministry of the Economy (MoE) at 4.488 million in 2007, the population is expected to increase by 6.12 per cent to reach 4.76 million at the end of 2008 and by 6.31 per cent to 5.06 million at the end of 2009. [2](Population, 2009), with that increase people will have communities of their own whether they were expats or locals that will discriminate their own people, so the UAE should unit them and dont discriminate them in order to raise their way of life. It is generally accepted that there is a need for additional policies to guarantee a more significant representation of UAE nationals in the labor force.[3] (Labor, 2009) these guarantees will protect the UAE nationals in the labor force because of the increase of the expatriates labor force and to protect UAE nationals because they have a right to be prior than the other nationalities. There always should be awareness about driving in the country because for the last decades there are so many casualties whether they were men, women or even kids and if it is remained without waking the people up then even statistics wont be able to calculate them 2009) these guarantees will protect the UAE nationals in the labor force because of the increase of the expatriates labor force and to protect UAE nationals because they have a right to be prior than the other nationalities. There always should be awareness about driving in the country because for the last decades there are so many casualties whether they were men, women or even kids and if it is remained without waking the people up then even statistics wont be able to calculate them. Reference Page [1] http://www.uaeinteract.com/uaeint_misc/pdf_2009/page205 [2] http://www.uaeinteract.com/uaeint_misc/pdf_2009/page206 [3] http://www.uaeinteract.com/uaeint_misc/pdf_2009/page212

Thursday, September 19, 2019

Learning about America in the Dominican Republic :: Personal Narrative Essays

Exactly one week after graduating from high school, with thirteen years of American education behind me, I boarded a plane and headed for a Caribbean island, I had fifteen days to spend on an island surrounded with crystal blue waters, white sandy shores and luxurious ocean resorts. With beaches to play on by day and casinos to play in during the night, I was told that this country was an exciting new tourist destination. My days in the Dominican Republic, however, were not filled with snorkeling lessons and my nights were not spent at the black jack table. Instead of visiting the ritzy East Coast, I traveled inland to a mountain community with no running water and no electricity. The bus ride to this town called Guayabal, was long, hot and uncomfortable. The mountain roads were not paved and the bus had no air conditioning. Surprisingly, the four-hour ride flew by. I had plenty to think about as my mind raced with thoughts of the next two weeks. I wondered if my host family would be welcoming, if the teenagers would be friendly, and if my work would be hard. I mentally prepared myself for life with out the everyday luxuries of a flushing toilet, a hot shower, and a comfortable bed. Because Guayabal was with out such basic commodities, I did not expect to see many reminders of home. I thought I was going to leave behind my American ways and immerse myself into another culture. These thoughts filled my head as the bus climbed the rocky hill towards Guayabal. When I finally got off the bus and stepped into the town-square, I realized that I had thought wrong: there was no escaping the influence of the American culture. In a way, Guayabal was an example of what author Mary Louise Pratt refers to as a contact zone. Pratt defines a contact zone as "a place where cultures meet, clash, and grapple with each other, often in contexts of highly asymmetrical relations of power" (Pratt 76). In Guayabal, American culture and American consumerism were clashing with the Hispanic and Caribbean culture of the Dominican Republic. The clash came from the Dominicans' desire to be American in every sense, and especially to be consumers of American products. This is nearly impossible for Dominicans to achieve due to their extreme poverty. Their poverty provided the "asymmetrical relation of power" found in contact zones, because it impeded not only the Dominican's ability to be consumers, but also their ability to learn, to work, and to live healthily.

Wednesday, September 18, 2019

Black Rhinoceros :: essays research papers

THE BLACK RHINOCEROS ~An endangered species~   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   By   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Prepared for:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   4th Hour Language Arts   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  January 2, 2001 The black rhinoceros or rhinos are a very unique animal of Africa. They are important for the balance of nature. They are a large stocky animal. Their size is 5 to 6 feet tall at the shoulder and 10 to 12 feet long. Their weight can range in from 1,000 to 3,000 pounds. Rhinos are naturally gray in color but will often take on the color of the local soil. The horn of a rhino is not a true horn. It is not attached to the skull. It grows from the skin and is made up of keratin fibers, the same materials found in hair and finger nails. Black rhinos have a prehensile lip that is used much like a finger to select and pick the leaves and twigs they prefer to eat. Their habitat is in the bushy plains, rugged hills, and scrublands in isolated areas of Central and South Africa. Rhinos are heavy browsers that hinder woody plants from dominating their habitat. This is important because it allows grasses to grow, which provide food for many other animals on the grassy plains. Black rhinos travel alone except while breeding or raising offspring. Juveniles remain with the mother until they are completely weaned, just before a new a baby is born.   Ã‚  Ã‚  Ã‚  Ã‚  Young rhinos are occasionally prey for many items for large carnivores such as lions and hyenas. People of some cultures believe that rhino horns contain medicinal properties. This is most likely not true but is one of the primary reasons rhinos are poached.

Tuesday, September 17, 2019

Miss Ophelia in Harriet Beecher Stowes Uncle Toms Cabin Essay

Miss Ophelia in Harriet Beecher Stowe's Uncle Tom's Cabin   Ã‚  Ã‚  Ã‚  Ã‚  Being the only Northerner to take a focal role in Uncle Tom’s Cabin, Miss Ophelia is a realistic adaptation of the ideal woman that Harriet Beecher Stowe proposes with the images of the other perfect women. She is educated, single, independent, ambitious, and motivated by a certain sense of duty. Unlike the other women in the novel, she is the one with the most masculine mannerisms: she relies on her thoughts rather than her emotions to make decisions about her life and political beliefs. However Miss Ophelia also appears to be the audience that Stowe is partially addressing -- those who feel like they know something about slavery, but who haven’t truly analyzed their own mind about their prejudices. This was one of the reasons why Stowe wrote her book: to connect with people who hadn’t yet decided what side of the Mason-Dixon line they fell on. Ophelia is the perfect example of either Northerners or Southerners who at first don’t have a strong opinion about slavery but after an encounter, experience, or a revelation finally find their voice. For Miss Ophelia, she discovers herself with the help of a little girl.   Ã‚  Ã‚  Ã‚  Ã‚  Little Eva attempts to explain to Ophelia about how they should love all and follow Jesus’ love for everyone. â€Å"Don’t you know that Jesus loves all alike? He is just as willing to love you, as me. He loves you just as I do, -only more, because he is better. He will help you to be good; and you can go to Heaven at last, and be an angel forever, just as much as if you were white. (p.245-6)† Even though Jesus loves both black and white folks, that can’t necessarily persuade Miss Ophelia to kiss and hug the slaves. â€Å"’It puts me in mind of mother,’ he said to Ophelia. ‘It is true what she told me, if we want to give sight to the blind, we must be willing to do as Christ did, - call them to us, and put our hands on them.’ ‘I’ve always had a prejudice against Negroes,’ said Miss Ophelia, ‘and it’s a fact, I never could bear to have that child touch me; but I didn’t think she knew it. (p. 246)† Even though Miss Ophelia has people trying to persuade her to fully embrace the other race, for one reason or another she just can’t bring herself to do it. She believes that it is wrong because that is what she was raised to think. On the other hand, St. Clare is the polar opposite t... ... the horrid souls to an afterlife in hell. Feminism is an unmistakable theme in this novel. Stowe portrays women as strong, independent characters and gives all of them very effective roles. In the end, it is the women who are the most religious. When readers are first introduced to Miss Ophelia they encounter a Vermonter who has beliefs about slavery but no emotions to back up her words. For all of her duty and religious piety, she must have love, emotion and feeling to back up her words for them to be of any significance. Then through interaction with other characters in the book, Miss Ophelia’s morals and beliefs slowly begin to solidify. By the end of the book she is deeply rooted and emotionally connected to everything she says. This is exactly the type of reader that Stowe wished to reach. Someone who maybe wasn’t too sure on how they felt about paying money for someone’s life would hopefully, once finished with Uncle Tom’s Cabin, realize their own ideals and opinions about life for Negroes i n the South and then try to do something to help them leave their lives of horror. Works Cited Stowe, Harriet Beecher. Uncle Tom’s Cabin. W.W. Norton & Co, Inc. New York, 1994 Miss Ophelia in Harriet Beecher Stowe's Uncle Tom's Cabin Essay Miss Ophelia in Harriet Beecher Stowe's Uncle Tom's Cabin   Ã‚  Ã‚  Ã‚  Ã‚  Being the only Northerner to take a focal role in Uncle Tom’s Cabin, Miss Ophelia is a realistic adaptation of the ideal woman that Harriet Beecher Stowe proposes with the images of the other perfect women. She is educated, single, independent, ambitious, and motivated by a certain sense of duty. Unlike the other women in the novel, she is the one with the most masculine mannerisms: she relies on her thoughts rather than her emotions to make decisions about her life and political beliefs. However Miss Ophelia also appears to be the audience that Stowe is partially addressing -- those who feel like they know something about slavery, but who haven’t truly analyzed their own mind about their prejudices. This was one of the reasons why Stowe wrote her book: to connect with people who hadn’t yet decided what side of the Mason-Dixon line they fell on. Ophelia is the perfect example of either Northerners or Southerners who at first don’t have a strong opinion about slavery but after an encounter, experience, or a revelation finally find their voice. For Miss Ophelia, she discovers herself with the help of a little girl.   Ã‚  Ã‚  Ã‚  Ã‚  Little Eva attempts to explain to Ophelia about how they should love all and follow Jesus’ love for everyone. â€Å"Don’t you know that Jesus loves all alike? He is just as willing to love you, as me. He loves you just as I do, -only more, because he is better. He will help you to be good; and you can go to Heaven at last, and be an angel forever, just as much as if you were white. (p.245-6)† Even though Jesus loves both black and white folks, that can’t necessarily persuade Miss Ophelia to kiss and hug the slaves. â€Å"’It puts me in mind of mother,’ he said to Ophelia. ‘It is true what she told me, if we want to give sight to the blind, we must be willing to do as Christ did, - call them to us, and put our hands on them.’ ‘I’ve always had a prejudice against Negroes,’ said Miss Ophelia, ‘and it’s a fact, I never could bear to have that child touch me; but I didn’t think she knew it. (p. 246)† Even though Miss Ophelia has people trying to persuade her to fully embrace the other race, for one reason or another she just can’t bring herself to do it. She believes that it is wrong because that is what she was raised to think. On the other hand, St. Clare is the polar opposite t... ... the horrid souls to an afterlife in hell. Feminism is an unmistakable theme in this novel. Stowe portrays women as strong, independent characters and gives all of them very effective roles. In the end, it is the women who are the most religious. When readers are first introduced to Miss Ophelia they encounter a Vermonter who has beliefs about slavery but no emotions to back up her words. For all of her duty and religious piety, she must have love, emotion and feeling to back up her words for them to be of any significance. Then through interaction with other characters in the book, Miss Ophelia’s morals and beliefs slowly begin to solidify. By the end of the book she is deeply rooted and emotionally connected to everything she says. This is exactly the type of reader that Stowe wished to reach. Someone who maybe wasn’t too sure on how they felt about paying money for someone’s life would hopefully, once finished with Uncle Tom’s Cabin, realize their own ideals and opinions about life for Negroes i n the South and then try to do something to help them leave their lives of horror. Works Cited Stowe, Harriet Beecher. Uncle Tom’s Cabin. W.W. Norton & Co, Inc. New York, 1994

Monday, September 16, 2019

Corporate Social Responsibility, Entrepreneurship, and Innovation Essay

A framework refers to a basic conceptional structure of something, a set of facts or ideas that provides the necessary support for something (Steinberg 2009). On the other hand, a learning framework is a programmed academic work that is needed for the Co-operation education completion (Fisher 2008). The framework helps in planning on how objectives and goals of a given individual or organization are achieved. This is done through the use of Co-operative Education Placement organization (CPO) and provides a person’s academic program with a solid foundation. This framework feeds the educators with an expertise foundation concerning learning. It serves as a richly effective system for organizing, addressing and describing learning strengths and weaknesses. Learning framework consists of 8 constructs namely: attention, complex thinking, language, memory, social cognition, neural motor functions, temporal-sequential ordering and spatial Roderick. Learning Goal 1: Being self directed and reflexive learners                Self-directed learning in CPO is not a new concept. Its contributions and related information has been written down. Unfortunately, its notion has a variety of applications and interpretations in the arena of corporate training. Its typical narrow interpretations involve providing learners with some sort of choice in their learning. For example learners are allowed to select one or more courses from structured job training. Reflective learning on the other hand helps in developing self awareness, analytical skills and critical thinking which is important to both students and staff. It helps in informing about what didn’t work or worked, what may be done differently, or how people may develop their practice or behavior. Learning goal 2: Being knowledgeable in the major field of study                Knowledge consists of many varying facets encompassing skills from learning to understand how to create or build how to manage finances, and resonating with nature. My role in acquiring knowledge through CPO is to ensure that education provided consists of all the required skills of running an organization. Key tasks involved                Keep an open mind. Learning always challenges our assumptions and the pre-wired reaction is to ignore the conflicting ideas. Don’t dismiss something automatically as it fails to neatly fit in your current world’s vision. Deciding the type of knowledge you want to acquire. This incorporates two types of knowledge that is specialized knowledge where you want to focus specifically on breadth rather than depth. The other one is specific knowledge where you have to focus on the depth of the skills or information you want to acquire. Get out of the comfort zone. Involves learning things that might based on your keenest interest through engaging in your community activities. Check on boards for local announcement or from your community website. This enhances the access of a number of learning opportunities: classes, dances, community theatre or economic aid. Don’t be afraid to fail. It is the most significant advice in learning on how to be knowledgeable. Owning and learning to your mistake will help in gaining knowledge in your major areas that will help in remembering the correct information better. My personal attributes and role will help my CPO in acquiring the required values and skills necessary in learning. Learning goal 3: Being problem solvers and enquirers (internal environment)                Internal environment involves the factors that influence/affect business operations from within (Coley 2010). The interrelationships within the organization involve how different departments interrelate with one another such as sales, production, marketing, billing and research. The structure of the organization defines how these departments interrelate and interacts with one another, and the chain of commands running through different levels. These interrelationships within the organization are managed by my CPO through provision of the required knowledge and skills. This knowledge is acquired through training that facilitates better relationships within the organization. The organizational chart                From the key tasks in LG2, they all interrelate with one another with a cohesive relationship. In order for the organizational tasks to be completed, a good relationship is needed from the organizational culture to resource management. For effective management of internal relationships, my CPO facilitates through providing managerial skills required in different departments of the organization, the employer should facilitate regular training, favorable working environment, effective means of communication and strong internal controls. LG 3.2- critical enquirers and problem solvers, impacts of external environment on the CPO and industry                External environment involves external factors such as customers and competitors who affect the operations of the business from outside (Xue 2008). My CPO involves a method of combining education based on classroom with practical work experience. Within this sector of the industry, a number of key factors are considered for effective management and better interrelationships. Some of these factors include; the size of the industry, consumer demand of its products and the rate of growth. The current business world has been facing a lot of challenges in its effort of meeting the needs of the customers. A major issue is on the lack of clarity in the scope of the functions of the business. This issue may have a positive impact to my CPO and its industry sector as many business people would be seeking for the relevant knowledge. External stakeholders such as customers, competitors, and the government may contribute to a better relationship if well catered for by the industry. LG 3.3 business management                The topic investigates on the role of management on staffing. This is a very essential area that needs to be carried out with all due knowledge as it determines the progress of the business. Learning goal 4: ethical and social responsibility facing society and business                Ethical means to do with what is wrong and right, based on morality (Cafoliete 2010). Social responsibility is refers to an ethical theory that an individual or organization has an obligation to act for societal benefits (Amaeshi 2013). An ethical decision facilitates better services and creates a good image of an organization. My CPO and industry may consider offering training on how to ethical business characteristics and ensures customer needs are fully met (Bates 2013). Lack of enough skills may lead to a challenge in my CPO on making business decision that is ethical. LG 5: work collaboratively                Communication is a key factor in every business organization. Communication enhances better relationships with others in the industry thus facilitating work collaborations. My strength in this aspect is that my CPO consists of the largest communication department which links with other external organizations. The major weakness is on the poor communication skills currently displayed by many of the departmental attendants. My goal is to ensure that communication has been enhanced and effective channels installed. The strategies to be put in place include; in-service training and workshops should be held regularly, installation of communication devices in all departments and skilled managers employed. In order to assess whether the goals have been achieved, it should be measured in terms of profit margin and the number of customers. Aspect 2: working effectively in teams                Team work is a key tool in enhancing effective operations and increased productivity. It brings unity thus enhancing collaboration with others. The strengths in this aspect are that majority of the group members are of the same age thus works well as a group. The weakness is on the team leadership as my CPO industry has a few experienced managers. My goal is to develop the strongest working team in the industry. The strategies set include ensuring that more skilled managers are employed, workshops held to regular basis to train members on how to have strong working teams. Though it is hard to assess the strength of a team, my industry will check on the interrelationship between the internal and external environments to assess whether the goal has been met. References Amaeshi, K., & Nnodim, P. (2013). Corporate Social Responsibility, Entrepreneurship, and Innovation. Hoboken: Taylor and Francis. Augustine, C. H. (2009). Improving school leadership the promise of cohesive leadership systems. Santa Monica, CA: RAND. Bates, C. G. (2013). Global social issues an encyclopedia. Armonk, NY: M.E. Sharpe. Bender, T. (2012). Discussion-based online teaching to enhance student learning: theory, practice, and assessment (2nd ed.). Sterling, Va.: Stylys. Clayton, P. E. (2009). Essential law for your business: a practical guide to all legal and financial requirements (13th ed.). London: Kogan Page. Fisher, D., & Frey, N. (2008). Better learning through structured teaching a framework for the gradual release of responsibility. Alexandria, Va.: Association for Supervision and Curriculum Development. LaFollette, H. (2010). The Blackwell guide to ethical theory. Oxford, OX, UK: Blackell Publishers. Menon, R., & Kumar, R. (2010). The long view from Delhi: to define the Indian grand strategy for foreign policy. New Delhi: Academic Foundation in association with Indian Council for Research on International Economic Relations. Schuh, C. (2012). The CPO transforming procurement in the real world. Berkeley, CA: Apress ;. Snoeyenbos, M., Almeder, R. F., & Humber, J. M. (2011). Business ethics (3rd ed.). Amherst, N.Y.: Prometheus Books. Steinberg, D. (2009). EMF: Eclipse Modeling Framework (2nd ed.). Upper Saddle River, NJ: Addison-Wesley. Source document

Sunday, September 15, 2019

Contract Laws In China and America Essay

I.Concepts and Features of Contract and Contract Law I.Concepts A.Concept and Features of Contract 1. Concept of Contract According to the provision of Article 2 of the Contract Law of People’s Republic of China (hereinafter referred to as Contract Law), contract is the agreement in which natural persons, legal persons or other organizations with equal status declare a common intention to establish, alter and terminate civil rights and obligations. Contract was once divided into agreement and contract. Agreement refers to the civil legal act established by both parties’ consensus with regard to opposite intentions, such as sales agreement. Contract refers to the civil legal act established by two or above three parties’ consensus with regard to collateral intentions, such as partnership contract. However, such division can no longer be seen in our current laws and the two are collectively referred to as contract. Contract has its broad and narrow meanings. In the broad sense, contract refers to all agreements generating rights and obligations, such as labor contract, administrative contract, civil contract, etc. Furthermore, civil contract may also be divided into creditor’s right contract, real right contract, intellectual property contract, identity contract, personality right contract, etc. In the narrow sense, contract refers to the agreement for involved parties with equal status to establish, alter and/or terminate civil rights and obligations. The contract adjusted by the contract law is generally confined to the contract of creditor’s right, real right and/or intellectual property, etc. 2. Features of Contract It can be seen from the concept of contract — contract is the agreement in which natural persons, legal persons or other organizations with equal status declare a common intention to establish, alter and terminate civil rights and obligations that, contract has the following legal features: Contract is a kind of civil legal act implemented by natural persons, legal persons and/or other organizations with equal status. As the most important legal fact, civil legal act is the lawful act implemented by civil subjects, which can generate, alter or terminate civil right and obligations. Since contract is a kind of civil legal act, it is different from fact behavior in nature. Fact behavior refers to the act which does not take the declaration of intention as an essential condition and cannot generate the legal effect expected by the party involved, such as infringing act, picking up lost property, etc. In nature, contract as the civil legal act belongs to lawful act. That is to say, only under the circumstance that the declaration of intention made by the contracting parties is lawful, the contract is legally binding and protected by national laws. On the contrary, in case contracting parties make illicit declaration of intention, the agreement, even already reached, may not have the effect as a contract. As contract is a kind of civil legal act, general regulations of civil law concerning civil legal acts, such as essential condition of civil legal act, the ineffectiveness and revocation of civil act, are all applicable to contract. 3 Contract is the civil legal act in which two or more parties declare a common intention. The establishment of a contract shall have two or more parties who declare intention to each other and achieve a consensus. If such declared intentions are not consistent, no contract will be formed. Even though â€Å"one party cheats or threats or take advantage of the other party’s precarious situation to make such other party to conclude a contract which violates its real intention†, the party suffering damages is entitled to request people’s court or arbitration agency to alter or revoke the contract (Article 54.2 of the Contract Law. For similar notes cited in the following text, Contract Law will be omitted). Contract is the civil legal act with a view to establishing, altering and terminating civil rights and obligations. Establishing civil rights and obligations refers to that after parties involved conclude the contract pursuant to the law, civil rights and obligations thus emerge between; altering civil rights and obligations refers to that after parties involved conclude the contract pursuant to the law, the previous civil rights and obligations between them is changed and new civil rights and obligations are formed; terminating civil rights and obligations refers to that after parties involved conclude the contract pursuant to the law, the civil rights and obligations previously existing between them are abolished. â‘ £Contract is a civil legal relationship generated on an equal and voluntary basis by parties involved. That is to say, the subjects concluding the contract have equal legal status and no party may impose its will on the other party. â€Å"Parties of a contract have equal legal status and one party may not impose its will on the other party† (Article 3); â€Å"Parties have the right to conclude a contract voluntarily according to law and no unit or individual may intervene illegally† (Article 4). â‘ ¤Contract is the civil legal act which is legally binding. â€Å"The contract concluded according to law is legally binding upon parties involved. Parties shall perform their obligations as agreed and may not alter or terminate the contract with no consent†; â€Å"The contract concluded according to law is protected by law† (Article 8). Unless otherwise specified by law such as force majeure, the party who fails to perform the contract or whose performance of obligations does not conform to that prescribed in the contract shall assume the liabilities for breach of the contract to continue to perform the contract, adopt remedial measures or compensate losses. B. Concept and Features of Contract Law 1. Concept of Contract Law Generally speaking, the concept of contract law may be comprehended in the broad and narrow sense. In the narrow sense, given contract is the consensus of parties to the contract in nature, contract law is deemed as the law implementing the promise and agreement of parties involved. â€Å"The core of contract law is the exchange of promise†. However, the concept of contract law in the narrow sense confines the contract law to normalizing the establishment, effectiveness, performance and default liability of the contract, but excluding the non-establishment, ineffectiveness and revocation thereof. Therefore, the scope contained is not comprehensive. Just as Bayless stated, â€Å"The contract law pays attention not only to enforceable contracts and    agreements, but to adjusting the result of no contract or agreement concluded†. Therefore, the concept of contract law in the narrow sense is not suitable to apply. The concept of contract law in the broad sense proceeds from the object normalized thereby, namely the transaction relation, and defines the contract law as â€Å"the law relating to the individual transfer of property or labor service†. Most scholars in our country also consider that contract law is the law adjusting the dynamic property relations. Both contract law and real right law adjust the property relations, however, â€Å"the real right law stipulates and adjusts the static state of property relation while the contract law stipulates and adjusts the dynamic state of property relation†. Given that the contract law comprehensively adjusts the transaction relation and the establishment of a contract equals to the formation of a transaction, the performance, alteration, cancellation and termination of the contract constitute the transaction process. Consequently, it’s necessary for the contract law to stipulate the procedures to conclude the contract by parties involved, ineffectiveness and revocation of the contract, remedies upon the failure or part failure to perform the contract, various specific contracts, etc. In a word, any and all transaction relations may be adjusted by the contract law. The definition of contract law as the law adjusting the transaction relation precisely summarizes the nature and fu nctions of the contract law. 2. Features of Contract Law The contract law takes adjusting the transaction relation as its content and is applicable to various civil contracts, which determines the contract law has the features different from those in other departments of civil law (such as personality right law). These features are: Contract law has strong randomicity. Under the condition of market economy, the transaction development and property growth require the market subjects to be independent and fully express their wills. Laws shall leave broad space for the transaction activities of market subject and the intervention of government in economic activities shall be limited to the extent prescribed in the contract. The requirements put forward by the market economy against the law which endow parties with freedom to act as far as possible are thoroughly expressed in the contract. Therefore, the contract law mainly regulates the transaction through random norms rather than mandatory norms. For example, though the contract law stipulates various contracts with certain titles, it does not necessarily require parties to design the contract content precisely in accordance with the provisions prescribed in law concerning the contract with certain title, but parties may negotiate to determine the contract articles freely. As long as the articles negotiated by parties don’t violate the prohibitive regulations of laws, social public interest or public morality, the effect of the contract is acknowledged by law. Notwithstanding law stipulates the contracts with certain titles, parties are not prohibited from creating new contract forms. Although the form to establish a contract is stipulated by law, unless otherwise specially prescribed about the contract form, parties are allowed to freely choose the contract form in principle. In short, a majority of norms of the contract law may be altered by parties through agreements. The contract law also takes the freedom of contract as its basic principle; therefore, the contract law can be called as law at will in this connection. â‘ ¡Contract law emphasized the principle of consultation on an equal footing and compensation of equal value The object normalized by the contract law is transaction relation, which requires the principle of consultation on an equal footing and compensation of equal value in nature. Just as Marx indicated, the commodity is â€Å"equal by nature†. In the exchange of commodities, â€Å"only the owners of commodities with equal status stand at opposite sides, and the means of occupying others’ commodities may only be used to alienate their own commodities.† The exchange of commodities inevitably requires conforming to the law of value so as to carry out the exchange of equivalent labor, which determines that the contract law attaches more importance to the principle of consultation on an equal footing and compensation of equal value than other laws of civil law. â‘ ¢Contract law is a uniform property law. Market economy is an open economy, which demands for the integration of domestic market with international market, domestic trade and international trade. As the basic law of the market economy, the contract law should not only reflect the requirements for a uniform market with a set of uniform rules, but also integrate with international conventions. â‘ £Contract law is the law producing social wealth. Market economy is a developed credit economy, with all credit systems established on the basis of contract relations. A developed credit economy needs promise and agreement. At the same time, the more solid and universal the promise and agreement are, the more developed the credit economy is. II. Comparison of Development History and Textural Difference between Chinese and American Contract Laws A. Different Development Histories of Contract Legal Systems in China and US 1. Emergence of Contract and Contract Law Contract is the result of commodity economy, which emerges along with the emergence of commodity economy and develops along with the development of commodity economy. The contract law is accompanied with the emergence and development of the contract. In later period of clan society, due to the emergence and accumulation of private property, the exchange of products among people was becoming increasingly extensive and certain rules came into shape gradually. In the beginning, these rules were guaranteed by oaths, customs and other ways. When the oaths, customs and other ways were incapable to guarantee the implementation of trading rules, the social community emerging as the times required (organ of state power) thus formulated legal norms to supersede the foregoing. The earliest contract law of human society was developed from customs, so it’s called as customary law. However, the continuous development of society, especially the development and change of social    imbalance, made the customs different in various regions and groups, which resulted in customs here and now being inconsistent with those there and then, thus leading to transaction disputes. This determined that the written law would gradually substitute the customary law. The Code of Hammurabi promulgated by ancient Babylonian Empire in the 18th century BC is the most ancient and most well-preserved written law discovered so far in the whole world, which has 282 articles in total, among which over 120 stipulates contract norms directly. The Twelve Tables and Corpus Juris Civilis promulgated by ancient Rome have more complete legal norms about contract, acting as the most complete and typical law reflecting the production and exchange of commodities among ancient laws and playing an important role in the legislation of capitalist countries in later ages. The French Civil Code in 1804 was based on Roman law. The civil laws in European countries, except Britain, mostly originated from Roman law and formed the so-called â€Å"Roman Law System†. Along with the colonial expansion of these countries, the impact of Roman law was further extended to more regions of the world. After the Second World War, the contract law of early modern period was properly modified to become the modern contract law. 2. Development History of China’s Contract Law The ancient laws in our country had some regulations about the contract. According to the records of Rites of Zhou, there appeared written contracts such as â€Å"panshu (bamboo or wooden slips on which the texts of borrow and loan are written)†, â€Å"zhiji (sales contract)†, â€Å"fubie (borrow and loan contract)† in Zhou Dynasty. â€Å"Where any party asks for the government authority to deal with any dispute arising from debt borrow and loan, the case may only be accepted with the â€Å"panshu† previously co ncluded present†. â€Å"Where any dispute arises from a borrow and loan contract, the official in charge of trying such dispute should make a judgment according to the articles specified in fubie†. â€Å"Where any dispute arises from a sales contract, the official in charge of trying such dispute should make an award according to the articles specified in zhiji†. All these written contracts were main basis for government authorities to judge right and wrong and determine the debt liabilities. In the following dynasties of Qin, Han, Sui, Tang, Song, Yuan, Ming and Qing, laws had several regulations about contract and contract system. However, in ancient times, our country was always with the agricultural economy which was self-sufficient and self-supporting, and the commodity economy was not developed. As a result, the norms of contract law centering on trading rules was also not developed, with no specialized civil code. Even in the collection of various laws such as Tang Code and Great Qing Legal Code, articles pertaining to contract and contract system are also rarely seen. Since the founding of the People’s Republic of China, the contract law of our country has achieved significant development. In the initial stage of new China, the Financial and Economic Committee of the Government Administration Council under Central People’s Government promulgated the Interim Measures for Organs, State-owned Enterprises and Cooperative societies to Conclude Contracts or Agreements on September 27, 1950, and the Trade Department formulated the Decision Pertaining to Earnestly Concluding Contracts and Strictly Implementing Contracts as well as the norms relating to various specific contracts such as sales contract and contract labor agreement of capital construction in the same year, all of which ascertain the legal norms of contract system and contract in the new China. Needless to say, due to the impact of wrong course and wrong trend of thought, the legal nihilism was rampant and the contract system was once cancelled in late 50’s. Especially in the period of the â€Å"Great Cultural Revolution†, all the contract systems, relevant laws and regulations were discarded. In the Third Plenary Session of the Eleventh Central Committee of the Party, the wrong policy of â€Å"taking the class struggle as the outline† was abandoned, the focus of work of the Party and the nation was shifted to developing economy, and the strategic decision of reform and opening up to the outside world was made in the session. All of these opened up a promising prospect for the development of contract leg islation. The Economic Contract Law, Economic Contract Law Involving Foreign Interest and Technology Contract Law were successively approved by the Standing Committee of the National People’s Congress on December 13, 1981, March 21, 1985 and June 23, 1987. It is especially worth mentioning that the General Principles of the Civil Law approved in the Fourth Session of the Sixth National People’s Congress explicitly regulates the system of civil rights and the system of civil liabilities, playing a very important role in perfecting the system of contract laws in our country. Through more than a decade’s legislation, our country has formed the legal system of contract laws which is guided by the General Principles of the Civil Law, backboned with Economic Contract Law, Economic Contract Law Involving Foreign Interest and Technology Contract Law, and based on the contract norms in specialized laws such as Maritime Law, Civil Aviation Law and Copyright Law and a set of administ rative laws and regulations normalizing contracts. All these laws have greatly promoted the economic development and the establishment and development of socialist market economy in our country. However, along with the establishment and development of socialist market economy, this legal system gradually presented new defects. In order to adapt to the requirements of economic construction and development, it’s necessary to proceed from the actual situations of our country, summarize the experience of ten years’ contract legislation and borrow general international practices to formulate a uniform and relatively complete contract law. On October 1993, the Commission of Legislative Affairs of the Standing Committee of the National People’s Congress embarked on drafting the contract law on the basis of the legislation program approved in the Eighth Standing Committee of the National People’s Congress. According to the advice from all sources, the Standing Committee of the National People’s Congress further modified the draft for many times to form the Contract Law of People’s Republic of China (Draft) and submitted it to the Second Session of the Ninth National People’s Congress for deliberation. Through serious and earnest deliberation by people’s representatives, this important law was finally approved on March 15, 1999, which is a glorious page in the legislation history of the Republic, marking that the legislation of our country’s socialist market economy is ushering a new phase. 3. Development History of American Contract Law As a whole, the American laws are developed on the basis of inheriting British laws. Although American laws are influenced by British laws at different levels in different fields, the contract rules formed in the British common law and equity law have a significant impact on American contract law. Therefore, when investigating the historical evolution of American contract law, it’s necessary to review the early development history of British contract law. a. Lawsuit of Promise in Early Britain In the medieval period, British law had not formed the concept of contract. The earliest to emerge was the so-called lawsuit of promise, namely, when the promisor violated his/her promise, the promisee might file a lawsuit with the court to force the promisor to implement the promise. The principle pursued by common court when trying such lawsuit was: only making a promise cannot generate a right of action; under normal conditions, promise doesn’t have the effect of compulsory ex ecution, exceptional situations excluded. In contrast to the practice of common court as mentioned above, other courts showed more active attitude towards accepting the lawsuit of promise. First of all, ecclesiastical court regarded the promise with oath as an irreversible one according to canon law and rendered the implementation. Secondly, in the court of equity, the Chancellor decided that since one party suffered loss because of the other party’ failure to perform his/her promise, such party shall obtain the compensation. However, till the 16th century AD, common court won the battle with the court of equity and ecclesiastical court striving for jurisdiction. In this process, the jurisdiction of common court was increasingly enlarged and the common law became the main part of British law. The opportunity for the contract law to develop through the judgments of ecclesiastical court and court of equity was always limited. From the 15th to the 16th century, along with the development of the relations of commodity production within the feudal society, to develop a kind of general basis for enforceable promise within the previous lawsuit procedures of common law was the urgent task to be resolved which was confronted by common court. At the beginning, common court just confirmed more exceptional situations under which the promise may be executed mandatorily. However, this didn’t change the basic principle that promise doesn’t have the effect of compulsory execution under normal conditions. Since the second half of the 12th century, common court started to confirm the enforceable effect of sealed covenant, which was a kind of written promise with a seal on. Some people considered, if common court could loosen its requirements about the form of this written document, such document may also be mandatorily executed even with no seal on. The existence of such covenant might become the general basis of the compulsory execution of promise, while till the 14th century, this possibility disappeared. Common court considered, the seal not only proved that one party had already made a promise, but also indicated that the promisor had seriously expressed that he/she would perform the promise for the promisee. Therefore, a covenant which was not sealed couldn’t be compulsorily executed. At the end of the 12th century, common court started to confirm the debt of a borrow and loan relation as the cause of action: In case one person borrowed an    amount of money from another person, the borrower should pay back the money to the lender. If not, the lender might file a lawsuit with the court to force the borrower to pay back money. Later on, common court further expanded the scope of lawsuit of debt repayment: Once a person granted a kind of material interest to another person, such person might lodge a lawsuit of debt r epayment against the latter one, no matter the interest provided was a valuable thing or personal service. However, the existence of such debt also didn’t become the general basis of the compulsory execution of promise for this debt was only confined to the interest which was already granted to others. If a promisee just accepted a promise from the promisor while obtained no actual interest from the promisor, he still couldn’t lodge a lawsuit of debt repayment. In the beginning of the 15th century, common court developed such a principle in its judgment: If someone made a promise of undertaking some kind of obligation to another one, and the promisee suffered damages in the process of the promisor’s performance of the obligation, the promisee might lodge a lawsuit to require the promisor to compensate. This is called the Action of Assumpsit for Misfeasance, whose basis was the theory of law of torts then already approved. In this kind of lawsuit, if the promisor didn’t perform the obligation it undertook, the promisee couldn’t obtain the remedy. In the second half of the 15th century, the judges of common court realized that, in order to win the battle for jurisdiction with other courts, the scope of lawsuit of commitment must be expanded. New legal precedent rule in this period was: If the promisor changed his status due to his dependence on the promise and the non-performance of the promisor made the promisee suffer damages, the promisee might also obtain the remedy. Till the 16th century, the previous scope of lawsuit of commitment was newly expanded, namely, when two persons made promises to each other and the promise of one party constituted the transaction object promised by the other person, even if no party of the two performed his obligation, the promise to be carried out shall have the effect of compulsory execution. The reason to adopt such rule was that, once the promise was made, the promisee has an expectation for the implementation of the promise, which should be protected, even if the promisee didn’t perform the corresponding obligation, nor suffered â€Å"damages†. Generally speaking, the 17th and the 18th centuries were the period during which British contract law slowly developed. b. Evolution of American Contract Law in Modern Society The American historian Henry Maine said in 1861 that, â€Å"till now, the movement of this developing society has always been a movement from identity to contract.† This sentence indicates the profound revolution undergone by western society from the feudal times of middle ages to the times of â€Å"laissez-faire capitalism†: In the feudal society, human relation was determined by their identity; in the period of â€Å"laissez-faire capitalism†, human relation was determined by the agreement reached between them. The whol e 19th century is regarded as the century of contract by western historians. The United States, just independent from the colonial domination of the Great Britain, entered in such a century soon after its establishment. In this period, main systems of British and American contract laws were both confirmed. With regard to the main body, American contract law remained consistent with British contract law. In this period, the consistency of American contract law with that of western countries was: The contract concluded by parties involved was generally considered as having the effect of compulsory execution. Once confirmed, such effect shall become absolute, and may not be changed by state will. In the second half of the 19th century, as the laissez-faire economy developed toward an extreme orientation, to safeguard individual’s right to freely conclude contracts had become the primary goal of laws. In the eyes of Americans at that time, â€Å"in nature, justice is to safeguard lawful contracts†. The freedom of contract in the 19th century gave a full display of personal â€Å"independent will† and made private economy taking the â€Å"struggle for existence† as the motive power obtain rapid development with no government restraint and intervention. However, in late 19th century and early 20th century, the defects caused by this unlimited freedom of contract had fully appeared. In this period, contract laws of western countries underwent a new round of modification. The result was, the previous social movement â€Å"from identity to contract† started to turn to the social movement â€Å"from contract to identity†. In the US, since this century, especially since the Roosevelt’s New Deal in the 30’s, personal freedom of contract has received more and more restrictions. Today, the â€Å"identity† is playing an important role in determining the relation of rights and obligations among people for the second time: Workers are protected by â€Å"workers compensation law† due to their identity, and the article of employment contract preventing the employer from undertaking the compensation liability for industrial accidents is no longer legally binding. Similarly, the lessee of rental agreement, the insurer of insurance contract and the demanders of various contracts of public service are all protected by certain laws due to their special identities. It can be seen from the aforementioned change that, in modern American contract law, to provide special legal protection for the vulnerable party of a transaction has already become a consistent policy. Another feature displayed by American contract law in the process of its modern development and evolution is that, the impact of traditional British common law and systems and principles of other laws is decreasing, which is fully reflected from the fact that the Uniform Commercial Code abandoned and modified the traditional system of British contract law. B. Textual Difference and its Reasons between Chinese and American Contract Law Systems Given the development history of contract and the difference between Chinese and American political systems, there are following features when comparing Chinese contract law with American contract law: First, the contract law in our country is a uniform contract law applicable to all regions of China, whether in capital Beijing or western provinces. Second, this contract law is drafted with a round axis structure. Basic principles   are firstly stipulated, and then some specific contracts, such as sales contract, lease contract, etc. In this way, the basic principles are regarded as the axis, and many specific contracts are radiated to satisfy different transaction requirements. For example, the transport contract has the problem which cannot be covered by basic principles. This problem can be resolved by combining the axis and the excircle. American political system is different from Chinese political system, and the development history of American contract law is also different. In America, it’s impossible for the legislative body to approve a law with the two features as mentioned above. America has no uniform contract law, nor state contract law. The international contract laws, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG) and New York Arbitration Treaty are commonly used in all used in the whole United States. However, with regard to the contract among American individuals, no law is promulgated by the federation. Consequently, there is no federal legislation with a round axis structure in America. Basically, each state has its own contract law and is responsible for developing basic principles of such law. The contract law of one state is not only applicable to the court of the state, but also binding on the federal court sometimes. In other words, as long as the state contract law exists, the federal court shall apply it. Of course, when 50 different contract laws are adjusting the same legal fact, the court will be confronted with a problem, namely, how to achieve the consistency of application of law? It’s also necessary to notice that American contract law is developed by the court rather than the legislative organ. You must be familiar with the concept of common law, which was formed in Britain and then introduced to America. The contract concept of the common law is formed th rough a long time. Their judges make the judgment and give opinions on the judgment. Now, in this connection, the greatest exception is the UCC. American UCC is a uniform law. In America, every state has its own laws, but these laws cannot cover all transactions. Some are involved with transaction of several properties, such as the transaction and lease of products and some are related to bank business, security trading, e-commerce, etc. However, the construction contract and real estate contract are adjusted by commercial law. Since different state laws may result in different court judgments, if the Congress can approve a law with the round axis structure, these problems will be soon resolved, because doing that can get all transactions under the adjustment of one law. C. Summary The development histories of Chinese and American contract law systems are different. Chinese culture has a long history and the contract law system was born very early. On the contrary, the US is a new country breaking away from the colonization. Although American economy is developing rapidly, its legal systems are mainly inherited from the Britain; especially the American contract law is significantly influenced by the contract rules formed in Britain common law and equity law. In short, China has a uniform contract law applicable to the whole nation, while America has no uniform contract code other than international contract laws. In addition, the difference of Chinese and American political systems leads to a great difference in the textural structures of Chinese and American contract law    systems: Chinese contract law system is based on basic principles which guides various specific contract law systems so as to form a complete set, while America has neither guidance of basic principles in the contract law nor uniform contract law applicable to the whole nation. All in all, the development history and political system of a country influence its legal system. III. Conclusion The economic globalization and political polarization are two trends of the world development. Since China has joined the WTO, how to coordinate our laws is the central issue in the field of law. Nowadays, the world has ushered in the era of knowledge economy and the advancement of science and technology is crucial to the economic development. However, the development of economy as well as the development, transfer and application of technology will inevitably require reforming the traditional contract law system. Some countries have already been reforming the current contract law systems quietly. The birth of China’s new Contract Law is confronted with the era of knowledge economy rather than that of planned economy or the transitional period from planned economy to market economy. The development of science and technology in the era of knowledge economy is so vigorous that it’s probable that difficulties in application will soon emerge after the implementation of new contract law, or even some regulations are already outdated. This situation may be considered as normal because law is the superstructure, which is always behind the economic development. Therefore, any law has to be continuously reformed and perfected. Bibliography 1. http://legal-dictionary.thefreedictionary.com 2. Wilmot et al, 2009, Contract Law, Third Edition, Oxford University Press 3. Ewan McKendrick, Contract Law – Text, Cases and Materials (2005) Oxford University Press 4. P.S. Atiyah, The Rise and Fall of Freedom of Contract (1979) Clarendon Press 5. Randy E. Barnett, Contracts (2003) Aspen Publishers 6. Scott Fruehwald, â€Å"Reciprocal Altruism as the Basis for Contract,† 47 University of Louisville Law Review 489 (2009).

Aspects of Contract and Business Law Essay

Laws, contracts and customs are rules that shape our everyday lives. These date back for centuries. There are a number of different elements that make up a valid contract that can be used in business today, these consist of the following. Offer Offers are made to sell or buy a product from an individual or company. Unilateral offers are offers that apply to everyone, i.e. an advert in a newspaper. An offer must be precise, specific and certain. In order for there to be a contract then an offer must first be in place. Rocky Tops offer indoor climbing sessions to the public upon which they choose to accept or not, depending on the price. Their offer to host indoor climbing lessons must be clear on what the customer will get in return for their money, this would be things such as how long the sessions last, what will be available to them and whether equipment is included within the price. Consideration Consideration is when an individual or company assesses what they would get out of the offer and what benefit it would be to them. So when Nick saw the poster and went to buy a new set of ropes and crampons he had to consider what would he was getting out of the deal. He has to hand over his cash in order to receive the ropes and crampons and needs to assess whether it is a beneficial outcome to him. Two Parties A contract is between two parties. One contract cannot provide details for anymore participants as it wouldn’t be certain enough. In order for it is certain one contract is kept between two parties. One party will offer a deal and the other party has to consider whether to accept it or not. An example of a contract formed between two parties within the case study is Rocky Tops and Julie. This is when Julie decides to book a block of 6 climbing lessons and signs a document stating that the sessions can be cancelled by either herself or Rocky Tops within 7 days’ notice. Capacity In order to accept an offer you must have the capacity to do so. This requires you to be above the age of 18 and in the right state of mind to carry out the deal with full knowledge of what you are getting into (i.e. you can’t be under the influence of alcohol or drugs). Rocky Tops is formed by a partnership between Bill and Ben. When they anticipated to both make Rocky Tops into a partnership they both had the right capacity to do so, this means they could make the decision individually to go ahead with the partnership contract in which they are both legally bound to. Acceptance Acceptance is when both parties agree to the terms and conditions stated in the contract and are both aware that they are legally bound to the contract. When an individual accepts the offer the contract is signed. Rocky Tops accepted an offer from Weathering Heights as they agreed to purchase  £50,000 worth of equipment to be dispatched and delivered by 1st February 2011. They agreed to the terms and conditions and both parties are legally bound to the contract. Communication Communication between the two parties needs to be consistent as each individual needs to be clear on what they are agreeing to and also needs to be kept in the loop should anything change in the contract. When writing up the contract it should be clearly communicated, especially with price. The buyer must be aware of the final cost because if the price included contained hidden costs then the contact isn’t valid and there are grounds for complaint. Bill and Ben, the owners of Rocky Tops, had to communicate with Julie in order to tell her that her third lesson has been cancelled. They did so 10 days prior to the third lesson via a letter. The letter stated that if she fails to rebook within one week she will forfeit her money for that session. Legality When writing up the contact everything stated has to be legal. You can’t put anything that is against the law as it will make the contract invalid. Rocky Tops did this when creating a sales contract with Julie when she wanted to book a block of 6 climbing lessons. They had to make sure that everything stated in the contract was all legal in order to prevent the contract falling through or being taken to court. Intention When an individual or company decides to accept the contract they must do so with the right intentions. This means that when they sign the contract they are actually willing to carry it out and are serious about it. This is evident in the case study when Rocky Tops agreed to purchasing  £50,000 worth of equipment from Weather Heights. This was a contract that the terms were defined by the supplier. Rocky Tops entered with the right intentions as they actually meant to go through with the contract. Case Study Contracts: â€Å"Bill and Ben are keen rock-climbers and wish to establish a new business† Partnership contract â€Å"They aim to have their grand opening on 1st March 2011 and already have premises confirmed† Estate agent contract â€Å"Rocky Tops have agreed to purchase 50,000 worth of equipment from Weather Heights to be dispatched and delivered by 1st February 2011† Terms of supplier contract â€Å"Rock Tops will also be offering instruction and lessons on their indoor climbing wall to both novice rock climbers and the more experienced† Liability Insurance Contract â€Å"Nick sees the poster and buys a new set of ropes and crampons† Sales Contract â€Å"Julie goes to Rock Tops and books a block of 6 climbing lessons and signs a document stating that the sessions can be cancelled by either herself or Rocky Tops within 7 days notice†

Saturday, September 14, 2019

Diversity – Gender and education Factors such as ethnicity, economic status and gender can affect educational outcomes

Factors such as ethnicity, economic status and gender can affect educational outcomes (Hughes, 1991). The 1944 Education Act promotes equality for children in school. In spite of this, it has been suggested that girls persistently tend to have different educational outcomes from boys (Hughes, 1991). There are many complex explanations linked not only to the educational process throughout history but additionally to social influence. The way in which children create their gender roles has an impact on the way they identify themselves and others. Stereotyping can impact on the way practitioners view children and can lead to discriminatory practice. It is vital to consider the hidden curriculum for unintentional signs of discrimination. Knowledge of legislation and initiatives that protect children's rights to an education irrespective of difference is of significance. As is the ways in which practitioners can promote equality. Through the use of key texts and the theories of experts it is possible to comprehend the impact that gender can have on learning and development. In the nineteenth century characteristics such as class, race and gender were detrimental factors which decided the form of education a child received. Hughes (1991) suggests this is due to the educator's role being to ensure each individual would be equipped to fulfil their predetermined role. Early attempts at access to education for all were frowned upon by those in power, fearing that the ‘the masses would get ideas above their station' (Hughes, 1991, P. 9). Schooling for girls was seen in relation to their domestic role. It was also considered that girls needed to conserve their energy for childrearing rather than mental activity (Hughes, 1991). Upper-class males attended private and independent schools, where they were moulded to become the elite. Their sisters however, though still received an education, were taught at home. Society's views on education differed for boys and girls at all social levels (Hughes, 1991). According to Charles (2002) the education system was designed to prepare children for adult life, which was gender as well as class segregated. The 1944 Education Act was centred on equality of opportunity. This involved for the first time, compulsory education for all that was free until the age of fourteen. However, inequality referred heavily to class disadvantage (Charles, 2002). The curriculum became gendered with the view that girls would concentrate on the ‘domestic subjects' while boys would practice the ‘technical subjects' (Charles, 2002). However, there has been much debate as to the reason for suggested differences in educational outcomes relating to gender. Yeo and Lovell (1998) suggest that females attain better outcomes in primary education, with emphasis in literacy and language. They state that research conducted in the 1990's suggests girls are motivated, ambitious and interested in long term education. In contrast boys were seen as low in motivation, self-esteem and concentration. One suggested explanation being the introduction of equal opportunity initiatives to encourage girls to pursue subjects previously associated as ‘male dominated'. Practitioners were also encouraged to increase awareness of methods to enhance girl's interest in education. According to Yeo and Lovell (1998) these changes were directly influenced by the transformation in the labour market, from being male dominated to increasingly more equal. As a consequence, it seems that boys are now underachieving in school. However, Skelton and Francis (2003) suggest the cause for this apparent difference in attainment is not straightforward. According to Charles there is evidence to suggest that this is not a new theory. Relating back to the 11+ exam, in which girls needed a higher score than boys to gain entry into grammar school. Skelton and Francis (2003) suggest that the view that ‘boys are underachieving' is now being challenged. They suggest the gap between boys and girls in standards of literacy, english and modern languages remains large. Nevertheless, SAT's (Standardised Assessment Tests) results show that boys and girls are showing increased performance on a yearly basis (Skelton and Francis, 2003). However, it is not only a case of boys versus girls. Not all boys ‘underachieve' and not all girls are ‘high flyers' (Skelton and Francis, 2003). There are class and ethnicity influences to consider (See Appendix One). Feminist research claims that it is the way boys construct their gender roles that ultimately leads to their dissociation from subjects traditionally determined as feminine such as literacy. However, many non-feminist commentators suggest that the high proportion of female teachers at primary level is responsible for boys learning needs being overlooked. Their suggested solution to the gender gap is to increase the number of male primary school teachers to provide positive role models linked with education. According to Skelton and Francis (2003) there appears to be no evidence to suggest that boys will perceive male teachers in a positive light, or that this will impact on their achievement. It has only been since 1975 when education was included in the Sex Discrimination Act that gender equality in schools has been highlighted (Nixon, 2005). However, the process in which children construct their gender roles is thought to be highly complex suggesting that equality between boys and girls is still being considered (Skelton and Francis, 2003). The nature, nurture debate surrounding individual differences in areas such as gender has affected equality in education (Hughes, 1991). It is fundamental to distinguish between ‘sex' and ‘gender'. According to Cole (2005) a persons ‘sex' is related their biological make up. Gross (2005) states that sex and ethnicity are viewed by some as biological factors which can determine levels of intelligence and attainment in school. However, there are environmental issues to consider with reference to socialisation leading to ‘gender' roles (Charles, 2002). Numerous surveys have suggested that boys and girls are treated differently from the day they are born (Hughes, 1991). Oakley (1972, as cited in Charles, 2002) argues that there are too many variations in gender roles for the social differences between males and females to be innate. According to Charles (2002) parenting in Britain is still gendered, with fatherhood being associated with the role of supporting the family financially and motherhood with caring. As a consequence Hughes (1991) believes that many children have a clear understanding of what it may mean to be a boy or a girl, and the expectations which are attached to this. For example, Belotti (1975, as cited in Hughes, 1991) suggests that boys learn to suppress their emotions, a consequence of believing that it is not acceptable for boys to cry. This power over construction of values and beliefs has a direct influence on how children identify themselves and others. Siraj-Blatchford (2001, P. 96) suggests ‘every adult and other child has the power to affect each child's behaviour, actions, interactions, learning outcomes and beliefs'. Therefore, influences can come from parents, siblings, peers, educational settings but also the media. This view is backed by Bronfenbrenner's (1979) ecological model which shows how the environment can influence a child's development (Feinstein et al, 2004). Feinstein et al (2004) suggests education has a significant role to play in influencing the factors which can affect children's attainment. Bandura's (1977) social learning theory suggests that children can learn indirectly through observation and imitation of others (Walkup, 2004). Therefore, children may relate to the way others whom they identify with are treated in society. In the process of developing an identity, children can distance themselves from others they deem as different to them or their ‘group' (Siraj-Blatchford, 2001). Kenway (date unknown, as cited in Bond, 2000) suggests that it is not until the age of seven that children view their gender as fixed. Younger children can believe certain activities or behaviour will dictate their gender (Bond, 2000). Siraj-Blatchford (2001) believes without challenge to this way of thinking, children may carry on believing in stereotypes such as, ‘only boys play football and only girls read books'. If children are left to believe in negative images which they relate to their identity, they can become self-fulfilling (Siraj-Blatchford, 2001). Willan at al (2004) suggests it is the practitioner's responsibility to understand and implement legislation to promote equality. The Humans Rights Act 1998 prohibits discrimination in the United Kingdom under the European Convention on Human Rights. The Children Act 1989 (2004) also emphasises the rights of children in society to equal opportunities and protection from unfair treatment through discriminatory practice (Wilan et al, 2004). Internationally, these rights are addressed by the United Nations Convention on the Rights of the Child (1989). The Education Act (1988) then provides the legal framework for equality in schools. This protection for children must be implemented appropriately to provide equality and inclusion (Wilan et al, 2004). There has been an increased awareness in gender stereotyping since the Sex Discrimination Act was updated in 1986. The National Curriculum states that practitioners ‘should be aware of the requirements of equal opportunities legislation that covers race, gender and disability' (DfEE/QCA, 1999, P31). Malik (2003) suggests that without equality of opportunity there cannot be provision of quality early childhood education. To ensure that discriminatory practice does not transpire it is essential for practitioners to consider their own beliefs and values (Willan et al, 2004). In order to promote equal opportunities practitioners need to become aware of and deconstruct their own stereotypical thinking (Wilan et al, 2004). Malik (2003) suggests that stereotyping in a negative way can damage children's perceptions of themselves and others, denying them the chance to fulfil their potential. Stereotyping can lead to prejudice through preconceived ideas, it is this type of attitude that that often results in discriminatory practice (Malik, 2003). Haberman (1995, as cited in Cole, 2005) suggests that practitioners can follow five concepts order to overcome prejudice (See Appendix Two). It is through awareness of differences in people or groups that stereotyping, prejudice and discrimination can occur. However, it is also through valuing difference that inclusion and equality can be promoted (Malik, 2003). Malik (2003) suggests all children are different, not just through gender, social class or ethnicity but in every way. Individuality must be valued and encouraged. It is through developing this ethos in an educational setting that children can be taught to perceive difference as their own uniqueness but not their value (Malik, 2003). The National Curriculum details the promotion of self-esteem and emotional well-being as significant for children to value and respect themselves and others (DfEE/QCA, 1999). According to Maslow (1954, as cited in Bentham, 2002) self esteem is required before the process of learning can develop. Jean Piaget (1886-1980) states that children learn from their environment and through their own experiences (Walkrup, 2004). Therefore, the environment can be used to provide positive images of role models to children, through books, posters, equipment, role play areas, dressing up clothes and other resources. Children should be offered a wide range of activities and organisation for group activities by sex should be avoided (Skelton and Francis, 2003). Adults in the environment must be aware of appropriate communication to promote inclusion, but can also provide challenges to discriminatory behaviour in children by providing examples of equality. Lev Vygotsky (1896-1934) believed that children learn through social interactions, and Bruner (1983) suggests learning can be developed through scaffolding (Walkrup, 2004). Therefore, it may be useful to invite visitors into the setting, to show diversity in the community, and to promote partnerships with parents(Rice, 2005). The Centre for Studies on Inclusive Education (CSIE, 2000 as cited in Rice, 2005, P. 76) suggests that educational settings should not see diversity as a problem but as ‘a rich resource to support the learning of all'. However, practitioners should be aware of conflict between anti-discriminatory practice and the beliefs and values of the family (Hughes, 1991). According to Hughes (1991) it is important to incorporate equal opportunities and inclusion in planning the curriculum to ensure that it is fully integrated. The National Curriculum states that inclusion should be implemented right across the curriculum, guaranteeing a full and rounded entitlement to learning for all children (DfEE/QCA, 1999). However, not all discrimination is intentional. The ethos of a setting can influence equality through the hidden curriculum. Policies setting out strategies and practice that reflects the aim of the setting as a whole to promote inclusion will assist in creating and equal ethos (Jones, 2004). Principles of good practice should be considered as a fundamental aspect of working with young children (Malik, 2003). The Key Elements of Effective Practice (KEEP) as outlined in the Primary National Strategy suggests practitioners can work with children and their families in a sensitive, positive and non-judgemental way (DfES, 2005). This can be achieved through knowledge of six areas considered key for effective practice (See Appendix Three). Clark et al (1990, as cited in Jones, 2004) suggests learning and growth can aspire through an interaction between policy and practice. CSIE (1999, as cited in Jones, 2004) suggests policies can be developed through six key areas (See Appendix Four). In providing children with an environment which promotes understanding, acceptance and respect for others, practitioners are creating a more tolerant and positive society for the future. Therefore, directly challenging inequalities that are prevalent today (Malik, 2003). According to Malik (2003) good practice means providing equal opportunities through applying responsibilities as a practitioner to support legislation, policy and codes of practice. The National Curriculum sets out clear guidelines for inclusion by giving all children the opportunities they need to achieve. The Foundation Stage Curriculum for three to five year olds also regards equal opportunities as highly significant (QCA, 2000). Providing constructive gender role models at the earliest opportunity will promote positive images for children. The importance of equal opportunities is a top priority for early years education therefore it is not left to chance. Ofstead (Office for Standards in Education) is the regulatory body for early years provision, care and education in England. It is their duty to enforce legislation and to guarantee that children are safe well and cared for in their setting. Ofstead also to ensure that children are offered activities which will provide them with learning opportunities (Kay and MacLeod-Brudenell, 2004). Early Years Development and Childcare Partnerships (EYDCP) work with agencies providing care and education for children from birth to five years. Their role is to ensure that all children have positive opportunities to fulfil their potential. The Every Child Matters initiative is seen as key by EYDCP in ensuring that all children have the chance to be happy, healthy and successful (Walker, 2006). The view that girls achieve higher in education than boys is much debated. The way in which gender roles are constructed and the process of socialisation is highly complex and is still being considered. In view of this, it is fundamental to understand that differences in educational outcomes focused on gender also have class and ethnicity elements to consider. However, it is understood that in order for practitioners to promote equality and challenge discriminatory ideology, it is first imperative to identify and deconstruct any negative stereotypical thinking. All children are at risk of inequality, intervention is necessary to promote inclusion and provide equal opportunities and chances for all children. Equality can be promoted through the curriculum hidden and overt and should be included within planning. The environment can be used as a resource for providing positive role models. However, it is important to understand the conflict between challenging discrimination and family values so as not to undermine the role of parents and carers. Supporting self-esteem through valuing and encouraging diversity can lead to better educational outcomes and will challenge discriminatory practice in society. It is the practitioner's role to implement legislation and equal opportunity initiatives to protect children's rights. It is through incorporating elements of good practice and legislation that equality can be promoted in an educational setting. Therefore ensuring that access to quality education is not determined by gender, class or ethnicity.