Thursday, August 15, 2019
Reaction to ââ¬ÅRace, The Power of Illusionââ¬Â Essay
Viewing this documentary was an extremely valuable experience in my understanding of not only some of the material weââ¬â¢ve been discussing in our course, but also in developing a much more developed grasp on the full extent of our nationââ¬â¢s ugly history of racism. While, by and large, I was already keenly aware of many of the events and incidences discussed throughout the three-part documentary including the assimilation and forced removal of Native Americans, slavery, manifest destiny, the idea of the ââ¬Å"white manââ¬â¢s burdenâ⬠, and the study of eugenics, there were so many different aspects to these events that you simply do not learn in grade school. Watching these events unfold visually compelled me in way I never quite had been before from an emotional standpoint- the social implications of these events are so much graver and severe than I had even thought previously. As the documentary noted in the third act, racism is so deeply rooted in American soil that one born here or moving here after the most blatant forms of racism have vanished (segregation) finds themselves unwittingly fitting into racialized society. Without viewing films like these and having the kinds of discussions we do in class about institutionalized racism, it is rather easy to accept it as normal having grown up from a place of privilege. What struck me most overall from watching this documentary were the ââ¬Å"big pictureâ⬠ideas presented about what race actually means. Time and time again evidence is presented that refutes the ââ¬Å"ferociously pervasiveâ⬠misconception that people belonging to the same race show evidence of significant genetic markers, and that our perceptions of what race means is entirely created by historical, social, and policy markers that all stem from the faulty science that delegates certain attributes to different races. The idea that people of a certain race could inherently exhibit certain attributes over people of other races creates a social hierarchy that initially was designed to justify the enslavement of African men and women. As the documentary observes, the problem is that by claiming that race isà based in biology, as demonstrated in the studies on eugenics presented in ââ¬Å"scientificâ⬠works such as ââ¬Å"Types of Mankindâ⬠, the perceived inequality between people of different races became much more serious than a power imbalance. The note that, if race was treated as a way to keep people of color subordinate upfront, the inequality would have dissipated following abolition. However, when eugenics went as far as to claim that people of different races were of different species, it justified the idea that Thomas Jeffersonââ¬â¢s claim that ââ¬Å"all men are created equalâ⬠did not have to include African Americans. I also had never heard any mention of Jeffersonââ¬â¢s Notes on the State of Virginia, that, while pitching Americaââ¬â¢s brand to European countries, was horrifically racist, claiming that blacks were inferior to whites in body and in mind. I was personally horrified upon learning that the Naziââ¬â¢s claimed inspiration from American eugenicists on the racial profiles that led to the extermination of millions of Jews. The culture and the race of Jewish people were often intertwined, as in the assumption that in the 1920ââ¬â¢s many basketball teams consisted of Jewish men due to their ââ¬Å"artful dodgerâ⬠nature. Another idea presented by the documentary that I had not considered previously was how race effected the experience of citizenship in the US, and how race is determined in the context of citizenship. Back when there was an influx of immigrants from European countries, there was much prejudice against immigrants despite that they were by and large racially homogenous. Over time, as these people from different cultures assimilates, they became accepted as American whites, while African Americans, Asians, and Native Americans were still prejudiced against. It became clear, especially in light of the change of heart about the morality and civility of Native Americans when they initially refused to yield to American imperialism, that race was used more to justify displacement of peoples to maintain certain cultural ideas and ââ¬Å"standardsâ⬠than it was actually about oneââ¬â¢s racial profile. To write off a group of people as immoral and incompetent was a huge reoccurring theme we saw among these groups of oppressed people. This is evident in Americaââ¬â¢s conquest of the Philippines- when the people of the Phillipines were depicted asà racially similar to African Americans despite baring no visual commonality it became evident that they used race as an easy marker for the foreign, or the ââ¬Å"otherâ⬠. More interesting still was learning about the laws that defined race in the nineteenth century, and the great lengths Asian and South Asian people went to in justifying that they should be considered Caucasian to gain citizenship in the US. In the case of the Japanese man who committed suicide after having his citizenship rejected, the courts used race as an indicator of values rather than actually observe the actions of the people seeking citizenship. How ironic was it that prior to India gaining independence from Britain in 1947, that families fled to the US where ââ¬Å"all men are created equalâ⬠only to be denied citizenship based on their race? This is so sadly indicative of so much of the inequality still evident in this country today.
Wednesday, August 14, 2019
Doctrine of Frustration Essay
ACCORDING to Section 56, an agreement to do an act impossible in itself is void (for example, an agreement to discover treasure by magic). Supervening impossibility or illegality refers to the intrusion or occurrence of an unexpected event or change of circumstances beyond the contemplation of the parties; such event or change of circumstances must be so fundamental as to be regarded by law as striking at the root of contract as a whole or the basis of the contract no longer exists. Subsequent impossibility in the UK is referred to as Doctrine of Frustration. A contract is deemed to have become impossible of performance and, thus, void under the following circumstances: a) Destruction of the subject matter of the contract; b) By death or permanent incapacity of the parties (like insanity) where the contract is personal in nature; c) Supervening impossibility or illegality, involving actions contrary to law or public policy; d) Outbreak of war, war restrictions (avoidance of trading with alien enemy, and so on); e) Imposition of government restriction or orders or acquisition by government; and f) Non-existence or non-occurrence of a particular state of things. Apart from the above circumstances, impossibility does not discharge a person from the contract. He who agrees to do an act should do it unless impossibility arises in any of the ways mentioned above. . FRUSTRATION ââ¬â MEANING, SCOPE AND APPLICABILITY Section 56 of the Indian Contract Act, 1872 stipulates: ââ¬Å"Agreement to do impossible act: An agreement to do an act impossible in itself is void. Contract to do act afterwards becoming impossible or unlawful: A contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful. Compensation for loss through non-performance of act known to be impossible or unlawful: Where one person has promised to do something which he knew, or, with reasonable diligence, might have known, and which the promisee did not know, to be impossible or unlawful, such promisor must make compensation to such promisee for any loss which such promisee sustains through the non-performance of the promise.â⬠Frustration may be defined as the occurrence of an intervening event or change of circumstances so fundamental as to be regarded by the law both striking at the root of the agreement, and as entirely beyond what was contemplated by the parties when they entered into the agreement. If an event which could not be foreseen by both parties supervenes, frustration would apply. Section 56 of the Indian Contract Act, 1872 does not deal with the cases in which an event, the parties took it for granted will never happen does happen and makes the performance of the contract impossible. If it be held that this Section is exhaustive, no relief can be granted to any of the parties on the happening of such an event, but this would be against the very principle underlying the Section. (16) If the inability to perform the contract is due to the fault of one of the parties, he cannot successfully plead frustration. It is also true that if the parties expressly contract with reference to the occurrence of the supervening events, frustration is inapplicable. But there is another type of case outside these rules. The parties when they made the contract, may have foreseen the supervening event as probable, but may have made no express provision with respect to it. Here, if such event occurs, frustration can be pleaded. (17) LORD RADCLIFF has succinctly summarized the law relating to frustration of contracts as under: ââ¬Å"â⬠¦.frustration occurs whenever the law recognizes that without default of either party, a contractual obligation has become inapplicable of being performed because the circumstances in which the performance is called for would render it a thing radically different from that which was undertaken by the contract.ââ¬â¢Ã¢â¬ ¦.It was not this that I promised to do.ââ¬â¢ There is, however, no uncertainty as to the materials upon which the Court must proceed. ââ¬ËThe data for decision, on the one hand, the terms and conditions of the contract, read in the light of the then circumstances and, on the other hand, the events which have occurred.ââ¬â¢ In the nature of thing there is often no need for any elaborate enquiry. The Court must act upon a general impression of what its rule requires. It is for that reason that special importance is necessarily attached to the occurrence of an unexpected event that, as it were, changes the face of the things. But even so, it is not hardship or inconvenience or material loss itself which calls the principle of frustration into play.â⬠(18) IMPOSSIBILITY OF PERFORMANCE AMOUNTS TO FRUSTRATION A man can be expected to do what is humanly possible but he cannot be expected morally or legally to do what is not physically possible. It cannot be disputed that when a thing is beyond the human control it cannot be expected from the party which had undertaken to do the work to suffer the consequences of not proceeding with the contract work and in such a situation both the parties are relieved from their contractual responsibilities. The word ââ¬Å"impossibleâ⬠in Section 56 of the Indian Contract Act, 1872 has not been used in the sense of physical or literal impossibility. The performance of an act may not be literally impossible, but it may be impracticable and unless from the point of view of the object and which the parties had in view; and if an untoward event or change of circumstances totally upsets the very foundation upon which the parties rested their bargain, it can very well be said that the promisor finds it impossible to do the act which he promised to do. (21) If the performance of a contract becomes impracticable or useless having regard to the object and purpose the parties had in view then it must be held that the performance of the contract has become impossible. But the supervening event should take away the basis of the contract and it should be of such a character that it strikes at the root of the contract. (22) The essential principles on which the doctrine of frustration is based on the impossibility, or, rather, the impracticability in law or fact of the performance of a contract brought about by an unforeseen or unforeseeable sweeping change in the circumstances intervening after the contract was made. In other words, while the contract was properly entered into in the context of certain circumstances which existed at the time it fell to be made, the situation becomes so radically changed subsequently that the very foundation which subsisted underneath the contract as it were gets shaken, nay, the change of circumstances is so fundamental that it strikes at the very root of the contract, then the principle of frustration steps in and the parties are excused from or relieved of the responsibility of performing the contract which otherwise lay upon them.(23) HAPPENING OF UNPRECEDENTED EVENTS CAUSES FRUSTRATION To attract the plea of frustration, it must be shown that the situation has changed so drastically and so radically that neither party to the contract could have at all foreseen that because of something happening at another place which may be a foreign country would result in execution of the contract almost as good as an impossibility. The impact which the market receives due to an event happening elsewhere in the guiding factor for determining whether or not frustration has occurred. Where after the firm price contract for supply of transformers there was a subsequent 400% rise in price of transformer oil due to the war, there was frustration of contract. The abnormal increase in price due to war condition was an untoward event or change of circumstances which ââ¬Å"totally upset the very foundation upon which the parties rested their bargain.â⬠Therefore, supplier could be said to be finding itself impossible to supply the transformers which it promised to do. (25) The parties to an executory contract are often faced, in the course of carrying it out, with a turn of event which they did not at all anticipate ââ¬â a wholly abnormal rise or fall in prices, a sudden depreciation of currency, an unexpected obstacle to execution, or the like. Yet this does not in itself affect the bargain they have made. If, on the other hand, a consideration of the terms of the contract, in the light of the circums.
Childhood Obesity Research Paper Example | Topics and Well Written Essays - 250 words
Childhood Obesity - Research Paper Example Moreover, when children are not breastfed to the expected age, they develop high chances of suffering from obesity. Television and media are other major causes of obesity in children. This is because children spend much of their time watching television programs and movies, which denies them time for physical activities as well as exposing them to unhealthy eating advertisements. In addition, children end up snacking since they lack enough time to eat well (Cdc.gov, 2012). According to Emedicinehealth.com (2012), obesity can be inherited from family members. A childââ¬â¢s family can also influence the childs lifestyle and eating habits, leading to obesity. Childhood obesity increases the chances of developing other related diseases. There are both immediate and long-term health effects of childhood obesity. Immediate health effects include; high blood pressure, pre-diabetes, joint problems, low self-esteem and stigmatization. Furthermore, obese children are likely to become obese as adults and hence at a very high risk of developing long-term health effects like stroke, heart disease and diabetes. Moreover, they are at a high risk of several types of cancer like cancer of the pancreas, breast, ovary, and colon among others. Childhood obesity can be prevented through adequate breastfeeding in infancy and encouraging healthy lifestyles in children, including physical exercise and healthy feeding. Social institutions such as communities, families, hospitals, faith-based institutions and schools among others can facilitate this. The school as an institution particularly plays a very important role to a childs health. Through schools, children learn about healthy living in terms of dietary and behaviors on physical exercises and activities. They in turn practice what they learn with their peers as well as discussing it with their family members when at home (Cdc.gov, 2012 & Emedicinehealth.com, 2012). Evidently, childhood
Tuesday, August 13, 2019
The Impact of Globalization in Singapore, With Reference To American Essay
The Impact of Globalization in Singapore, With Reference To American Brands and Goods - Essay Example This research will begin with the statement that the globalization phenomenon is one of the most widespread phenomena in the world.à In recent years however, with the expansion of globalized activities, Asia has acquired various qualities which are distinctly western. In the West, Asian influence has also become slowly apparent. Singapore is a richly diverse country. It is an industrialised and highly developed country which lies in the middle of a diverse Asian and Western mix of cultures and economic activities. In so many ways, Singapore has acquired various qualities which seem to be distinctly western; moreover, American brands have also become more popular in the country. This paper is being carried out in order to establish a clear and comprehensive evaluation of the impact of globalization on the Asian culture, especially the culture of Singapore. Body First and foremost, American culture and goods have become popular in the world because the United States of America is on e of the most powerful nations in the world, economically, politically, and culturally. Its economy is one of the most extensive and progressive economies in the world. It is involved in almost every enterprise in the world, and most of its multinational corporations have set up conglomerates and subsidiaries in different parts of the world. Politically, its membership in the UN Security Council as well as in other international organizations has ensured that its opinion and position on various political concerns would have to be heard. Its culture has also gained a strong following among the youth population in different parts of the world. The internet has also spread the American culture, economy, and politics in different regions, including Asia. American culture and goods have become popular in the world because it is a culture which appeals to the young and vibrant population. The current generation has been bred in the internet age, where the definitions and foundations of be ing up-to-date or of being part of the majority crowd are based on oneââ¬â¢s patronage of Lady Gaga or of oneââ¬â¢s habit of eating at MacDonaldââ¬â¢s. American culture and goods have become popular because these also carry the identity of a powerful country, and many countries and citizens from other parts of the world seek to identify themselves with such a country. The fact that many American shows, movies, and songs have become widely available to most countries has also assisted in the spread of American culture. Emulation has become one of the primary motivators for the growth of American culture, and since the popularity and reach of the culture of other countries is not as pervasive as the reach of the American culture, by overwhelming default, the American culture has become dominant. The culture in Singapore consists of a rich mixture of Chinese, Malay, Indian, and Western culture.
Monday, August 12, 2019
Marketing Essay Example | Topics and Well Written Essays - 2500 words - 17
Marketing - Essay Example Founded in 1977, the company is one of the leading businesses in UK to provide hire business. This company offers products which are business to business in nature. ââ¬Å"The Group was traditionally focused on tool hire, but now also has complementary businesses specializing in portable accommodation, lifting, surveying, compressed air systems, pumping and power generation equipment.â⬠(Speedy Hire Plc, 2008). The major products of the company include access equipments, drilling/breaking, Gardening, Fencing, Cranes and other earth movers etc. Speedy Hire Plc work in UK which has relatively stable political environment. Considered as a secular country with strong market orientation, UK is currently experiencing slight slow down into its economic activity mainly due to subprime crisis and there is a possibility that housing markets, on overall, may cool down thus reducing the demand for hire industry however, market for the hire equipments were growing as the growth in the market during 2006 has been 6.6% whereas 2007 estimates are 121.5 GBP. The growing inflow of the immigrants into the country has increased the requirements for the housing sector in the country and the reduced cyclicality has allowed companies to anticipate the market trends more effectively. Companies including Speedy Hire Plc within this sector is continuously relying on the information technology therefore there will be increased dependence on technology in the future also. Legal environment in the country is favorable. Environmental concerns for comp anies are increasingly becoming a burning issue for the hire industry and it is believed that companies successfully addressing environmental issues will competitive advantage in the future. The company has two major divisions of equipment hire and tool hire. These two divisions then offer products mentioned above through various geographical
Sunday, August 11, 2019
Research paper proposal Essay Example | Topics and Well Written Essays - 1750 words
Research paper proposal - Essay Example The two research questions to be explored are: "What is the impact of management style on productivity?â⬠and "How does a reward system influence executive function?" The link between management style and productivity is well recognized (Dorgan, Dowdy, and Pippin, 2006; Michael, 2002). What is more interesting to this researcher is the link between reward systems that managers choose to satisfy their organizational expectations and the impact of these reward systems on productivity. These reward systems grew out of a need to give workers an incentive to complete work satisfactorily. Incentives like bonuses, early time-off, and so forth, motivated workers to produce better results much more quickly than when there were no incentives (Camp and Lambert, 2005; Somaya, 2001; Schraeder and Becton, 2008). Beyond incentives, management and leadership style have been seen to also bring about productivity. There is a relationship between management style and the types of incentives they use that also has a bearing on productivity. There are several management styles that include the authoritarian, the participative and the autocratic and the permissive to name a few. This research seeks to measure the efficacy of the participative management style, both in terms of organizational output and worker satisfaction. In analyzing participative management style, it has been found that this type of leadership is also open to certain reward systems more so than other management styles. It is the hope of this research that a correlation will be found between participative management style, incentives and worker productivity. How these systems impact one another will also be explored. Exploring the relationship between management style and productivity is impossible without having a clear definition of what participative management style is and how managers use reward systems. Generally, authors define participative management as a
Saturday, August 10, 2019
Review of the Movie Bully Essay Example | Topics and Well Written Essays - 750 words
Review of the Movie Bully - Essay Example We all know that movie making is a science in itself and the concerted effort of a team of talented and hard working individuals. Making a trailer is part of this process, in the sense that it works towards selling a movie that the team has worked hard to put together. With over 70% of the cinema industry now being dominated by Hollywood, there is also a dependence on the trailer of the movie when deciding if it is worth going spending the money to go watch a new movie or not. Therefore the trailer does play an important part and the making of the trailer can sell the movie as much as kill its revenue. We have often had the experience of coming out of a movie thinking that the movie trailer promised more than what the movie provided. That is the power of advertising. Based on this concept we can easily gauge that a trailer Has to be engaging enough to pique the curiosity of the audience. Has to give an idea of what the audience can expect from a movie. Has to be simple and easy for t he audience to relate to. Has to motivate them to go watch the movie. Based on the above, we will examine the movie trailer of ââ¬Å"Bullyâ⬠, a documentary based on the culture of bullying in schools around the United States. The documentary is directed by Lee Hirsch and was featured in the Tribeca Film festival in March 2011. The documentary takes us through many cities in the US and many elementary schools with stories of boys and girls who have been subjected to bullying and are relatively helpless in the situation. The movie project is one close to Hirschââ¬â¢s heart as he himself was a victim of bullying in school. (Itman, 2011). The trailer of the movie, as seen on iTunes Movie trailers (2012) takes us through this journey in a way that is very different from what one would expect from such a powerful theme. Bullying in high schools is not a new issue; it is one that we are all familiar with, either by personal experience or association. Therefore the trailer does not need to sell the concept of bullying in schools. We already know that it is not acceptable and can have terrible consequences. Instead the trailer focuses on the reactions of the school board and the callous attitude shown towards the bullying by teachers and the school authorities. We even have a scene where there is a clipping of a child, Alex being strangled by a bully in the school bus and immediately after that is a clip where the school administrator claims that she has been on the same bus and noticed no such thing, in fact she goes further and describes them ââ¬Å"as good as goldâ⬠(iTunes Trailer, 2012). Right there, the effect is created. There is a feeling of shocked speechlessness and the audience involuntarily gasp when watching that. ââ¬Å"13 million kids will be bullied in the US this yearâ⬠(iTunes Trailer, 2012). The trailer starts with that shocking message and then trails off into a series of interviews, reflections and demonstrations with a catchy an d happy upbeat tune in the background score, making the combination truly dramatic. It is a documentary based on a very serious and alarming issue but it seems to be focused more towards a positive theme, which children who have been bullied can relate to. There is a feeling of hope that is conveyed through the trailer. We are given a gist of the problem, a sense of the indifferent attitude of the school author
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