Free Essays - All Quiet on the Western Front :: All Quiet on the Western Front Essays

Essay All Quiet on the Western Front An anti- state of war novel ofttimes portrays many of the bad aspects and consequences of war. Erich Remarques All Quiet on the Western Front is a novel set in the First World fight that is against war. Remarque describes the terrible reality of the war, focusing on the horrors and involved. The novel portrays an anti-war perspective as it brings up issues about the brutality of war, the narrators change of attitude towards war, the futility of war and the deaths of the narrators friends. In the novel, Remarque presents the brutality of war. Early on in the novel, he describes the sound of the wounded horses and how brutal the war atmosphere is. There is a whole world of pain in that sound, creation itself under torture, a wild and horrifying agony (p44). The brutality of war in the novel, however, is mainly shown through human suffering. Baumer talks about brutal things that soldiers are just expected to do. He says, When you put a bay atomic number 53t in, it can stick, and you have to give the former(a) man a hefty kick to get it out (p74). The German soldiers attack the enemy with extreme instinctive brutality. With the butt of his rifle, Kat smashes to pulp one of the machine-gunnersWe bayonet the others before they can get their grenades out (p84). The use of poison gas is also a very brutal practice throughout the novel. Baumer describes this man he is in a gassed area, hoping that his gas mask is working properly. He says, I know the terrible sights from the field hospital, soldiers who have been gassed, choking for days on end as they spew up their burned-out lungs, bit by bit (p48). The narrator changes his attitude towards war as he becomes more awake(predicate) of its undesirable effects. Even in the beginning, Baumer realises its terrible reality and the change it has made to his life. He says, We have lost all our ability to see things in other ways, because they are artificial. For us, it is only the fa cts that count (p15). The physical change of the narrator and his helpmate soldiers also indicate that he has gone through an attitude change towards war. We Paul Baumer and his fellow soldiers became tough, suspicious, hard-hearted, vengeful and rough (p19). When the narrator talks about the difference between his life before the war and his life at the present time, it becomes clear that he has changed a great deal.

Stupid Friday Night Shit :: essays research papers

All week long, the only thing everyone can talk ab forth is Friday night. What are you doing this weekend? And the first thing youll hear out of any college students mouth is getting shitty-faced. Sounds resembling we got a plan. So Friday night rolls around, and there is a thick and definitely noticeable electricity in the air because everyone is pumped up to go out and drink the week away. All of them say they drink because they like the taste. Thats bullshit. If they very like the taste, they wouldnt have to play ignorant little games to coax them into drinking the crap. So theyre playing this game now and its getting veritablely screwing boring. Now they are all looking at their cup like its their enemy and groaning every time they end up having to defecate a swig. The gulps that everyone started the night out with are slowly turning into tiny little slurps, and the night is dying fast because everyone has passed the point of fun-cool-drunk to not-coherent- rich-to-sit-up drunk. Eventually, someone has the bright fucking idea to have some sort of contest to see who can drink the most, the fastest. Joe Dumbass wins, and everybody cheers at how cool he is. Boy does he look real fucking cool two minutes later when hes sprawled out on the floor puking in a punch bowl, utter some gibberish shit because he forgot how to fucking talk. Now Mr. Dumbass gets his second wind and discovers that, all of a sudden, hes the most handsome cat-o-nine-tails at the party and can stick his meat to anyone at the party he so chooses. Unfortunately, these same beer goggles that made him look so more than better, also make the 400-pound heifer in the corner look just as good. Heif knows shes hideous, and the only reason she comes to these parties it to wait for someone to get drunk enough to think shes pretty so she can get some good ol loving drunken style.

Ludwig Van Beethoven :: essays research papers

Education in general and in music Beethoven came from a musical family, and his early musical training was beneath his fathers guidance. His father taught him piano and violin. His general education was not continued beyond the elementary school. He was pr constituteically illiterate in math. II. Self assertion As a youth of 19, in 1789, Beethoven took legal steps to have himself placed at the head of his family. He petitioned for half his fathers salary to support his brothers. This act of self-assertion is an indication of his character. III. Studies with Haydn A. The first contact On one of Haydns trips to London, he met the young Beethoven. Beethoven showed Haydn a cantata and he received Haydns commendation. The Elector of Bonn remunerative for Beethovens lessons and expences in to study with Haydn in capital of Austria. B. The studies Beethoven arrived in Vienna in 1792 and studied with Haydn for about one year. The arrangement proved to be a dissappointment to Beethoven. C. The affinity Outwardly in public the two were cordial, but there were troubles with the relationship--maybe professional jealousy caused the problems. D. Other teachers Beethoven turned to other teachers when Haydn went to London for the second time. He studied with Albrechtsberger, famous as a choir director at St. Stephens in Vienna and the best-known counterpoint teacher in Vienna. He because studied Salieri, famous in Mozarts biography. Salieri helped Beethoven in setting Italian words to music. IV. Establishment as pianist and composer His first task in Vienna was to establish himself as pianist and composer. He achieved both rapidly. A. Aristocracy He had worked for a court in Bonn so his first contacts were in aristocratic circles. He needed financial support from them. B. Public concerts Public concerts were not yet the way of life in Vienna, but Beethoven did begin a series of charity concerts. Later in 1800 he gave his first concert for his own benefit. C. Opus 1 His o pus 1, Trios for Piano Violin and Cello, were designed to impress Viennese society. Each trio is in 4 movements. Beethoven created parity among the instruments in these trios. V. Brothers and Nephew A. bit with brothers All three brothers lived in Vienna and they often "came to blows" in the street. B. Fighting for nephew After his brother Carl died in 1815 Beethoven felt responsible for his nephew Karl.

Expression of Desires In Arabic Women’s Novels :: Arab Culture Cultural Essays

Expression of Desires In Arabic Womens Novels Picking an original and engaging topic that is able to intersect completely five of the very polar authors novels we examined this semester proved to be a difficult task. Though thither ar surely similarities between each adjudge and overlying themes that connect them, ultimately I didnt requirement to get tied down into the shifty and unsafe territory of placing novels together solely because one, they atomic number 18 all written by women or two, they all emerge out of the Arabic world. However, there are certainly broad themes present in all of the novels, and I chose to focus on how women express, or cant express their desires and wants, and how the ability to do so leads to agency and freedom in ones own life. A womans desires, sexual and otherwise, seems surprisingly suppressed or not allowed in each novel. When it does emerge, it seems that too often ones own desire is replaced with the need to be desirable for men, and so these womens wants are placed aside in favor of the male protagonists wishes. I want to explore this topic in each novel, taking a look at when a woman is able to express desire, when it must give itinerary and take second place to a mans wants, and how, ultimately, it seems to free the women who chose to make their own path according to their wants, dreams, and goals. As we finish the semester and conclude our discussions on Arabic women, I think its important to note that though at times these women have agency in their lives, quite often, despite different upbringings, social/political/economic status, regions of habitation, and direct contact with Western influence, they are ultimately unable to take total control of their own lives. Obviously there are varying degrees to which this is applicable, and certainly some of the women are stronger than others, but overall, I think a very key message that all of these female authors are sending out is that womens struggle for freedom and equality is still a battle that is being fought-- all over the world for sure, but certainly in the Middle East. Pillars of Salt, perhaps the novel with the strongest female character, is the one novel where desire is seen and nothing stops Maha from expressing her wants, both sexually and when it concerns her husband, son, and father.

Why Are People Migrating To Colorado :: essays research papers

Why people ar migrating to conscientious objectorMigration and population emersion is on the rise in Colorado especially in the center of the state as well as one of the four of the nations fastest-growing counties in the 1990s due to many factors. Why is Colorado so popular to move to? Many people see the versatility the state is attributed with and how convenient it is for employment. People can live in the lifestyle associated with mountains and wildernesses while at the same time gain access to a city filled with jobs with a minimal commute. Some also believe that people are drawn to Colorado and attracted to the state because of the exemplary image of the west, open space, and the old frontier vision that also creates an inviting atmosphere. Californians surprisingly lead the way in migration to Colorado averaging one in every cardinal residents moving to Colorado. Texas, Florida, Arizona, and Illinois were the following states after California in migration to Colorado in 1997. Although people are migrating to Colorado in large numbers recently, the population growth has taken its toll on the state affecting traffic, schools with overcrowding, and real estate prices. So what are people doing when they migrate to Colorado? Obviously people are becoming attracted to the state for various reasons including most importantly the family type setting in a small city lifestyle. The family setting that has lured people to migrate to Colorado contributes greatly to birthrates that have sky rocketed resulting in a tremendous increase in the states population .With the increasing population growth Colorado experiences, the creation of jobs becomes a result and a cycle begins to form.

Why Are People Migrating To Colorado :: essays research papers

why people are migrating to carbon monoxide gasMigration and tribe growth is on the examine in Colorado especially in the center of the state as well as one of the four of the nations fastest-growing counties in the 1990s due to many factors. Why is Colorado so popular to reincarnate to? Many people see the versatility the state is attributed with and how convenient it is for employment. People can live in the lifestyle associated with mountains and wildernesses part at the same time have access to a city filled with jobs with a minimal commute. Some also believe that people are drawn to Colorado and attracted to the state because of the typical image of the west, open space, and the old frontier vision that also creates an inviting atmosphere. Californians surprisingly lead the way in migration to Colorado averaging one in every seven residents moving to Colorado. Texas, Florida, Arizona, and Illinois were the following states after California in migration to Colorado in 1997. Although people are migrating to Colorado in large numbers recently, the population growth has taken its toll on the state affecting traffic, schools with overcrowding, and real estate prices. So what are people doing when they migrate to Colorado? Obviously people are becoming attracted to the state for various reasons including most importantly the family type setting in a small city lifestyle. The family setting that has lured people to migrate to Colorado contributes greatly to birthrates that have sky rocketed resulting in a tremendous increase in the states population .With the increasing population growth Colorado experiences, the creation of jobs becomes a result and a cycle begins to form.

The Signalman Analysis

The story begins with the narrator calling Halloa Below thither into a railway tender. The signalman standing on the line below does non look up, as the narrator expects, but rather turns ab out(p) and stares into the railway tunnel it is his responsibility to monitor. The narrator calls down again and asks permission to descend. The signalman seems reluctant, but assents and waits with an air of expectation and alerting. The railway cutting is a damp, gloomy and lonely place. The signalman seems still to be in fear of the narrator, who tries to put him at ease.The signalman appears to have seen the narrator before. The narrator assures him that this is impossible. Reassured, the signalman welcomes the freshman into his little cabin and the two men speak of the signalmans work. His labour consists of a dull, monotonous routine, but the signalman feels he deserves nothing better, as he misused his fresh academic opportunities. The narrator remarks that the signalman seems a sane and dutiful employee at all times but when he looks to his signal bell at two moments when it is not ringing. The visitor leaves with a promise to return on the following night.Before he makes his exit, the signalman asks him why he used the words Halloa Below on his arriver were they not suggested to him in any supernatural way? The narrator says no. The signalman implores him to by no means call out so again. He says that he is troubled. The following day the narrator returns and does not call. The signalman tells him that he will reveal to him the nature of his trouble, which is that he is haunted by a recurring shade he has seen a spectre at the entrance to the tunnel on two separate occasions and that each appearance has foreshadowed a tragedy.In the rootage instance, the signalman heard the shouted words that the narrator spoke and saw a figure with its arm across its face, waving the other in desperate warning. He questions it but it vanishes. He then runs into the tunnel but finds nobody. Within a few hours there occurs a terrible train crash with many casualties. On its second appearance, the figure is silent, with both hands before the face in an attitude of mourning. Soon afterward, a beautiful young woman dies in a passing train. Finally the signalman admits that he has seen the spectre several times within the past week.It seems to the narrator that the signalman is suffering from hallucinations. During the conversation the signalman sees the spectre, and hears his bell toll out a phantom ring, but the narrator sees and hears nothing of these events. The signalman is convinced these supernatural incidents are portents of a third tragic event yet to happen, and is sick with fear and foiling he does not understand why he should be burdened with knowledge of an incipient tragedy when he, as a lowly railway functionary, has uncomplete the authority nor the ability to prevent it.The sceptical narrator believes that his new friends imagination has been overtaxed and suggests taking him to see a doctor. The following day the narrator visits the railway cutting for a third time, and is struck to see a figure at the mouth of the tunnel. This figure is no ghost, however. It is a man, one of a group of officials investigate an incident on the line. The narrator discovers his friend the signalman is dead, having been struck by an oncoming train. He had been standing on the line, looking intently at something, and failed to get out of the way.The driver of the train explains that he did attempt to warn the signalman of his danger as the train bore down on the signalman the driver called out to him Below there Look out Look out For Gods sake, clear the way Moreover, the driver waved his arm in warning even as he covered his face to avoid seeing the train strike the hapless signalman. The narrator notes the significance of the similarity between the drivers actions and the actions of the spectre as the signalman had earlier draw t hem, but leaves the nature of that significance to the reader.

Misrepresentation in Law

CHAPTER EIGHT MISREPRESENTATION A misrepresentation is an untrue contention, which induces the other character referencey to bow into the submit. A misrepresentation may be fraudulent, negligent mis contention, or wholly guileless. The applicable remedy depends on the nature of the misrepresentation. In order for a representation to amount to an actionable misrepresentation it must be a) mendacious b) whiz of event as oppose to intention, opinion, or law c)The statement must be addressed to the party who claims to incur been misled )it must be the chief reason which bring on the other party to enter the contract. If the representation that is being challenged satisfies these four requirements, then it is an actionable representation. Statement of Fact or Opinion A statement which is make to the other party that is false and induces him to enter into the contract, this is an actionable misrepresentation. The false statement must be one of fact and non of law because no one c an misrepresent the law since everyone is presumed to know the law.A statement of opinion is non actionable per se as a misrepresentation because it is non a statement of fact. In Bisset v. Wilkinson, the respondent purchased from the appellant, two plots of land in New Zealand for the purpose of sheep work. During the negotiations, the appellant told the respondent that, if the place was worked properly, it would carry two thousand sheep. The respondent, it was admitted, bought the place believe that it would carry two thousand sheep.As both parties were aw atomic number 18, the appellant had not and, so far as appeared, no other person had at anytime carried on sheep stiring on the land. In an action for rescission for misrepresentation, Sim J. said In ordinary circumstances, any statement made by any takeer who has been occupying his own farm, as to its carrying capacity would be regarded as a statement of fact. This, however, is not such a case in these circumstances. The complainant were not justified in regarding anything said by the suspect as to the carrying capacity as being anything more than an expression of opinion on the subject.Their Lordships concurred in their view on the matter, and therefrom held that the purchaser had no effective to rescind the contract since an erroneous opinion stated by the party affirming the contract, though it has been relied upon and has induced the contract on the part of the party who seeks rescission, gives no call to relief unless fraud is established. The ratio decindendi of this decision is that the respondent had no previous or present knowledge of the capacity of the land, uncomp permite was he an expert in sheep farmingSo in the opinion of the romance the most he could have averred was a mere opinion. However, in certain circumstances, an opinion because it presupposes the obstinacy of certain knowledge, may be an actionable misrepresentation. In Smith v Land and House Property Corporation, the seller of an hotelier described it as let to a Mr. Frederick Fleck, a most desirable inhabit. The tenant was in fact in arrears with his rent. It was held that the statement was not a mere expression of opinion because the marketer was impliedly stating that he has facts, which justifies his opinion.The court deemed the vendor to have knowledge of particular facts therefore the opinion was regarded as a misrepresentation of fact, which induced the other party to enter into the contract. The decision in Bissets case was followed in Esso fossil oil Co. Ltd. v. Mardon. Essos experienced representative told Mardon that Esso estimated the through- get of petrol on a certain site would contri unlesse 200,000 gallons in the third year of operation, and so persuaded Mardon to enter into a tenancy organisation in April 1963 for three years.Mardon did all that could be expected of him as tenant and the site was not good enough to achieve a through-put of more than 10,000 gallons. In Ju ly 1964 Mardon gave notice to quit, but Esso granted him a new tenancy at a reduced rent. Mardon continued to lose money and by August 1966 was unable to pay for petrol supplied. Esso claimed possession of the site and the money due. Mardon claimed remediation in respect of the representation alleging that it amounted to 1) a warranty, 2) a negligent misrepresentation. On the matter Lord Denning M. R. said that Council for Esso retaliated by citing Bisset v. Wilkinson where the Privy Council said that a statement by a New Zealand farmer that an acre of land would carry 2000 sheep was only an expression of opinion. He submitted that the forecast here of 200,000 gallons was an expression of opinion and not a statement of fact, and that it could not be interpreted as a warranty or promise. Lord Denning said that he would quite agree with Counsel for Esso that it was not a warranty in this sense that it did not guarantee that the through-put would be 200,000 gallons.But one party, Ess o, has special knowledge and skill. It was the yardstick by which they measure the worth of a filling station. They knew the facts. They knew the traffic in the town, they knew the through-put of comparable stations. They had much experience and expertise at their disposal. His Lordship went on to show that Esso was in a much better commit than Mr. Mardon and their statement of opinion presupposes that they have knowledge to support the opinion. This is very different to the circumstances in Bisset v.Wilkinson where the land had never been used as a sheep farm and both parties were equally able to form an opinion as to its carrying capacity. The Court, therefore, found that Esso was liable for damages for breach of warranty. Fact and Intention Where a representation notwithstanding expresses the intention of one party, under normal circumstances the intention, if it is not fulfilled, is not an actionable representation. However, in some circumstances an expression of intention may be considered a statement of fact. In Edgington v.Fitzmaurice, Bowen LJ said There must be a misstatement of an existing fact but the state of a mans mind is as much a fact as the state of his digestion. The facts in that case are The directors of a company invited a loan from the exoteric and stated that the money would be used to improve the companys building and to extend the business. The real intention of the directors was to use the money to pay mutilate the companys existing debts. Their statement of intention was held to be a statement of fact. Can Silence Amount to Misrepresentation?Generally silence is not misrepresentation. Each man must protect his own interest and exercise commonsensible caution when entering a contract Caveat emptor. However, the court may consider certain kinds of silence as misrepresentation. In With v OFlanagon the defendant wanted to sell his medical enforce. The negotiations began January 1 at which time the radiation pattern was worth ? 2 000. 00 per year. However, the defendant fell ill and by May 1 when the contract of sale was signed, the practice was virtually worthless.It was held that the defendants silence in the situation amounted to a misrepresentation. Opportunity to Verify Representation Where the representee is given the opportunity to verify the representation made to him, he may or may not make use of the opportunity. If he chooses to act on the statements made by the representor and the statements turn out to be false he can sue but if he chooses to verify and confirm a statement, which is in fact false, he cannot sue the representor. In Redgrave v. Herd, a man was induced to buy a headcounters practice by a misstatement of its value.He was given the opportunity to inspect the books, but he did not. If he had checked the books, he would have found that the practice was over-valued. However, the Court held that the non-use of this opportunity did not vitiate his claim. The Privy Council in Senanayake v . Chenq followed this decision. However, when the representee carries out independent investigation to ascertain the accuracy of any statement made to him, though he did not find out the fair play, he cannot claim to have been misled because then he would be relying on his own findings or that of his experts.In Atwood v. Small, a vendor offered to sell a mine and made exaggerated claims as to its capacity. The buyer appointed agents to investigate the mines. The agents reported wrongly that the claims were true. The contract of sale was then completed. It was held by the House of Lords that, the buyers subsequent action must fail because they have not relied on the vendors statement, but on their own independent investigations. Curtis v. Chemical Cleaners misrepresentation. Types of MisrepresentationFraudulent Misrepresentation. Fraud was defined by Lord Herschel in Derry v. Peek as meaning that the representation made is a false representation 1) Knowingly or 2) Without belief in its truth or 3) Recklessly, careless whether it is true or false. Fraud must be strictly be and the burden of proof is high It requires evidence of actual dishonesty. Negligent Misrepresentation/misstatement. Liability in damages for negligent misrepresentation was created by the decision in Hedley Byrne & Co Ltd. v.Heller & Partner, if there is a special relationship and that the defendant was a skilled professional person acting in the course of his business upon whose advice it is conceivable for the plaintiff to rely. Section 2(1) of the Misrepresentation Ac, 1967, codified this principle. The defendant can escape liability on the section if he can show that he had reasonable grounds for the belief and that he held those beliefs up to the time the contract was made that the facts equal were true. The burden of proof is on the representor.See the judgment of Lord Denning in Esso Petroleum v. Mardon. Seeing that the S. 2 (1) supersedes the Hedley Byrnes case, it is doubtful whe ther this additional head of damages would add anything to the existing rights under S. (1). Where a representation becomes a term of the contract, the plaintiff will sue for breach of a contractual term or breach of warranty, not for misrepresentation. Innocent Misrepresentation. Whittington v. Seale-Hayne Types of Remedies An actionable misrepresentation attracts the remedies of rescission and damages.Rescission, providing that none of the bar to rescission are applicable, cancels the contract and restores the parties to the status quo ante. When rescission fails the innocent party will be awarded damages which is a monetary compensation that will put him in the fix he would have been in but for the misrepresentation of the representor with whom the innocent party had contracted. Rescission or Cancellation. The right to rescind is the right of a party to have the contract set aside and to be restored to his former position. The contract remains valid unless and until rescinded.T hird parties may acquire interest under the contract if the innocent party does not act with promptitude, providing that the innocent party is a bona fide(honest) purchaser for valuable consideration. In railroad car & Universal Finance v Caldwell, the defendant sold his car on January 12, 1960, to Norris who took it away leaving a deposit of ? 10 and a cheque for ? 965. The cheque was dishonoured when the defendant presented it the following day. He immediately informed the police and the Automobile Association of the fraudulent transaction.Norris subsequently sold the car to a third party who sold it to the plaintiff. The question the Court had to sink was whether the defendants conduct and representations on or about January 13 amounted to a rescission of the contract of sale. Lord Denning M. R. held that where a seller of goods had a right to avoid a contract for fraud, he sufficiently exercised his election if, on discovering the fraud, he immediately took all possible steps to regain the goods, even though he could not find the purchaser or communicate with him, and the contract was rescinded on January 13.If the innocent party delayed cancelling the contract, any third party who purchased the item bona fide would have acquired a good title to the property and the original owner had no claim to it. See the speech of Lord Wilberforce in Johnson v. Agnew. There are several bars to the right to rescind which may work against the innocent party to the contract. The bars are restitution impossible, third-party rights, affirmation, sneak away of time. These are discussed in the paragraphs that follow. proceeds Impossible.When a party rescinds a contract, it must be possible for the Court to restore the two parties to the Status quo ante, to put the parties back in their original position before the contract was made. However, this limitation should not be strictly construed, and the mere fact that the subject matter of the contract may have deteriorated before the truth is discovered, is not sufficient to prevent restoration and so destroy the right to rescind a contract. * In Newbigging v. Adam, rescission was granted even though the union business was worse than worthless.The facts of that case were The plaintiff entered into an agreement with the defendants by which he was admitted as a partner with a manufacturing business and provided ? 10,000 of new capital. He was induced to enter into the agreement by a material innocent misrepresentation as to the capacity of certain machinery. The business failed, and the plaintiff sued for rescission of the agreement for recovery of his capital, and for an indemnity against all claims which might be made against him by virtue of his being a partner.The Court unanimously agreed that he was authorise to the remedy for which he asked. Before the passing of the 1967 Misrepresentation Act, there was a further bar of rescission if the misrepresentation was innocent, there could be no resciss ion of a contract after it has been executed. * Seddon v North East Salt Co. Ltd. The extent of this rule was somewhat uncertain and it was the subject of much discussion, for in many a(prenominal) cases the falsity of the misrepresentation cannot be discovered until the contract is executed. However, the Privy Council in Senanayake v. Cheng did not follow the decision. By S. (2), except in the case of fraud, of the 1967 Misrepresentation Act, the Court has a discretion to allow rescission and to award damages in lieu of rescission, and in this way could allow the contract to continue to subsists whether it was executed or not. The act has over rule Seddons case, Wilde v. Gibson. * Third-party Rights. As stated above a third party may acquire a good title if the owner of the property did not act speedily to rescind the contract, providing that the third-party has no knowledge of the origin of the property and could not reasonably be expected to Car & Universal Finance v.Caldwell. A similar decision was made in Lewis v. Averay The plaintiff advertised his car for sale. A rogue, posing as the well-known tv actor, Richard Greene, called on the plaintiff and offered to buy the car. The plaintiff accepted the order, and the rogue wrote out a cheque, signed it, R. A. Greene. The rogue wished to take away the car at once, but the plaintiff was not willing for him to have it until the cheque had been cleared. At the plaintiffs request the rogue produced identification that he was R.A Greene in the form of a special pass of admission to Pinewood Studios, bearing the name R. A. Greene and an address, a photograph of the rogue, and an official stamp. The plaintiff was satisfied on seeing this pass and allowed the rogue to have the car. The cheque was worthless and the rogue sold the car to the defendant, a music student, who bought is in good faith. The Court of Appeal held the plaintiff intended to contract with the person before him. The contract was merely voidable for fraud and the defendant, a third party, acquired a good title in the car against the plaintiff.Affirmation of the Contract. If after becoming assured of the misrepresentation the party affirms the contract either by express words or by taking any benefit under the contract, e. g. accepting dividends on shares, or failure to remove his name from the register of shareholders. In Long v. Lloyd the plaintiff was induced to purchase a lorry by the defendants representation that it was in excellent condition. On the first journey after the sale, the dynamo broke and the plaintiff noticed several other serious defects.The defendant was informed of these and offered to pay half the cost for the repairs. On the next long journey, the lorry broke down completely and the plaintiff realised that it was in a deplorable condition. He claimed to rescind the contract. The Court held that the second journey amounted to an affirmation and therefore the right to rescind was lost. Lapse of Time Un der certain circumstances, lapse of time may be deemed to be affirmation, especially if the other party takes a considerably long time to rescind the agreement.However, normally, time does not low to run until the plaintiff becomes aware of the misrepresentation. In Leaf v. International Galleries, the plaintiff bought from the defendant a painting of Salisbury Cathedral which the defendant innocently represented to him at the time of the purchase to have been painted by Constable. Five years later, when he tried to sell it, he discovered that was not the case. He brought an action for the rescission of the sale. The Court of appeal held that it was too late to rescind the contract.Damages The remedy of damages, availability or otherwise depends on the nature of the misrepresentation act fraudulent, innocent, or negligent. In Newbigging v. Adam damages were award for misrepresentation. In Whittington v. Seale-Hayne, the Court granted the plaintiff an indemnity against some of the lost which he suffered due to innocent misrepresentation. In Hussey v. Eels damages was assessed for negligent misstatement as to the non- existence of subsidence on the property which was the subject of the contract. - 1 . 1927 AC 177 2 . ibid at 180 3 . (1884) 28 Ch D 7 at 15 4 . supra at 191 5 . 1976 QB 801 6 . supra at 191 7 . ibid 8 . (1885) 2 Ch. D 459 9 . 1936 Ch. 575, 1936 1 All ER 727 Davies v. London and Provincial Marine Insurance Co (1878) 8 Ch. D 469, judgment of Fry J. at 475 10 . (1881) 20 Ch. D 11 . 1965 3 All ER 296 12 . (1838) 6 C L & Fin 232 13 . (1889) 14 App. Cas 337 14 . 1964 AC 465, 1963 2 All ER 575, See Mutual Life Citizens Assurance Co v.Evatt 1971 Ac 793, 1971 1 All ER 156 15 . 1976 QB 807, 1986 2 All ER 8 16 . Supra 218 17 . 1965 1 QB 525, 1964 1 All ER 290 18 . 1986 AC 367, 1979 1 All ER 883 19 . (1886) 34 Ch D 582 20 . 1905 1 Ch 326 22 . Supra 197 23 . (1848) 1 H L Cas 326 24 . Supra 195 25 . 1975 1QB 198, 1971 3 All ER 907 26 . 1958 2 All ER 402, 1958 1 WLK 753 27 . 1950 2 KB 86, 1957 1All ER 693 28 . Supra 196 29 . 1905 82 CT 49

Language Learning Strategies Essay

Japanese designed site meant for starters in English language. In it argon so many great links that are not only useful simply also interesting to kids and other ESL detecters. The reason for making it interesting is that kids may dismay bored if the material is not appealing to them. This site is maintained by TESL, the internet journal and the input is from instructors across the globe. This gives a lot of credibility to the site. Several books also have discipline meant for ESL learners and teachers.One of them is Oxfords (1990) Language Learning Strategies outlines what a teacher should know in his/her quest to make learners be competent in English as a second language. It gives all the strategies, their pros and cons, the appropriate level of learners cognitive abilities that are in tandem with each strategy and the methods of evaluation of the learners understanding after a new concept is initiated. The book evictnot be said to fully cover all the branchicipants in the l earning environment. Teachers and what they should know have been heavily outlined but the learner has been considerably left out.The ESL competence of the learner will by and large depend on what the teacher has to offer and not what the learner can do to improve his/her ESL competence. Mayer, in Weinstein (1988), Learning and Study Strategies Issues in Assessment, Instruction and Evaluation tackles issues pertinent to holistic ESL learning namely assessing, instruction and evaluation. The learner ineluctably to be instructed, assessed and evaluated on the much that a teacher has taught him/her. The book is therefore a masterpiece in enabling a well structured skill of ESL competence by a learner.The focus here is on the learner and has he teacher as guide, an assessor and evaluator of the progress the learner has do after a given time. The kindergarten kids have been catered for those teaching them will gain the skills to lead them in becoming competent. Elly (1991), in his boo k Acquiring Literacy in a Second Language maintains that other than using structured audio-lingual programs , children should be exposed to a variety of story books and motivated to read and share what they get with other children. This way, they are able to acquire the second language easily.Their grasping of vocabularies becomes easy since they find them in the books they read as opposed to teaching them vocabularies non-contextually. The consequence in Ellys book is that practical as opposed to theoretical approach to ESL teaching and learning should be adopted. In terms therefore it nub value, this book is invaluable. Boyle and Suzanne (1990) in Literary Scaffolds outline the strategies for firs and second language leaders and writers. It provides scaffolding activities which enhance successful intercourse with the print works and shows children how to read and write. theatrical production is discussed and how it enhances writing and reading. Teachers and students of ESL can f ind invaluable information in this book. Genishi (1989) in Observing the Second Language scholarly person An example of Teachers Learning illustrates how a kindergarten teacher recorded her observation of some ESL learners thus making critical points on effective language teaching and learning. She observed, according to this book, that each learner followed his/her own timetable and a unique path in learning a second language.It also states that it is important to enhance the activities and situations that provide an opportunity of talking by learners. Lastly, it emphasizes the central part the teacher plays in the language learning environment. This way, they are able to practice what they already know via exchanging with others. This book borrows from the Psychological aspect of behavioral learning whereby children learn from the environment and thus cutting a niche in being one of the best books for use by both teachers and college or University students learning or preparing t o teach ESL.In conclusion, the books used are generally relevant based on their individual assistance to learners and teachers of ESL although they most of them are a decade old. The sites overly provide the necessary information for those teachers of ESL wishing to help kindergarten kids acquire ESL competence. Students of ESL in colleges and Universities will find these sites vital. References Starters in English language, (2005), operable at http//www. aitech. ac. jp/iteslj/ESL. html retrieved on 12 Feb 2009.Strategies for learning English as a second language, (2007), available at theenglishweb. com, retrieved on 13 Feb 2009. English as a second language, (2008), available at http//cla. univ-fcomte. fr/english/index_s. htm retrieved on 14 Feb 2009. ESL for Kindergarten kids, (2006), available at http//home. earthlink. net/mediadesigns/Calendar. html, retrieved on 12 Feb 2009 ESL teaching strategies, (2007), available at http//iteslj. org/Articles/Lessard-Clouston-Strategy. htm l retrieved on 10 Feb 2009.Oxford, R. (1990) Language Learning Strategies. New York, Newbury House Mayer, R. (1988) Learning Strategies An Overview, in Weinstein, C et. al (Eds. ) New York, Academic Press. Genishi, C. (1989) Observing the Second Language Learner An Example of Teachers Learning New York, Prentice Hall Elly, W. B (1991) Acquiring Literacy in a Second Language, Baltimore. Collins Publishers Boyle, O. F & Suzanne, F. P. (1990) Literacy Scaffolds Strategies for starting and Second Language Readers and Writers. New York, McGraw Hill

Succubus on Top CHAPTER 20

Striking Sol with that tiny piece of wood was akin dropping a nuclear warhead into the board. The blast threw me arrive at the couch, and I hit the floor with a jarring, painful thud. Small(a) objects flew into the walls. Art tumbled to the ground. The windows in the room blew out in a sparkling shower of shards. And it was raining inside. Blood and glitter fell pour down around me in red, gleaming streaks.Mine wasnt the sole(prenominal) true nature to be revealed. In the instant before Sol had exploded, I had felt him. Really felt him. Yes, he was part of a different system than mine, besides he was no minor immortal player looking to stir up a little trouble. He was a god. A bona fide, honest to goodness god. Now, I should point out that gods come and go in the world based on belief. Godly power is directly proportional to the faith of their beli invariablys. So, those whose names no one remembers often walk around literally as bums, no different from humans save for their im mortality. Sol, however, had had a fair amount of power. Not like Krishna power or God with a capital G power, but a lot. Certainly more than me.Holy shit. I had just destroyed a god.I straightened up from my fetal curl and looked around. Everything was serene except for a light wind blowing in though the now-open windows. My skin and clothing were spattered with cohesive scarlet blood, like Id been at the wrong end of a paintbrush at the Mortensens,. My heart rate refused to slow.A moment later, I heard the pounding of footsteps on the stairs. Alec burst into the room, drawn by the noise and the shaking. He looked around, his lower jaw practically dropping to the floor as he came to a screeching stop.My drunkenness had not passed with Sols destruction. That fucking ambrosia was still in my system, and it was actually attemptting worse. Still, my anger at Alec was such that I again overcame my befuddled senses and reflexes, and with a hotfoot that came as a surprise even to me, I sprang at him and knocked him to the ground. A moments shape-shifting, and my short and slim frame suddenly held considerably more muscle and forcefulness than its appearance suggested. I straddled Alec with my legs and arms, and panic blazed on his face when he realized he couldnt budge an inch from my grip. I hit him hard across the face. My coordination force have been off, but it didnt take much to apply brute force.Who the hell was he? Sol?I dont knowI hit him again.Honest, I dont. I dont know, blathered Alec. He was just this guyhe found me and made me a deal.What was the deal? Whyd you bring me to him?He swallowed, blinking back tears. Sex. He precious sex. hemorrhoid of approvers all the time. Didnt matter if they were guys or girls, just as long as they were good-looking. I wasnt supposed to touch them. I just hooked them up with the potion until they wanted to meet Sol. Then he, you knowFucked them and dumped them, I finished angrily. I thought about Casey and the Ab ercrombie model guy in the coffee shop. I recalled Alecs desire to get me on the ambrosia but his reluctance to touch me, no matter how much he wanted to. I was meant for Sol. So that wasnt ambros er, potion in my cup tonight. That truly was some date-rape drug.I dont know, Alec whimpered. get on on, let me go.I tightened my grip and shook him. It took a moment since my fingers had a little trouble keeping think of. I had to run away to maintain the fierceness of my face and voice. Whatd he give you? Did he pay you or something?No. He justhe just gave me more of the potion. altogether I wanted, so long as I kept the people coming.And you gave it to the band, I realized.Yeah. It was the only waythe only way we could get big. Its all Ive ever wanted. To land a record deal and get famous. This was the only way.No, I said. It was just the fastest way.Look, whatd you do to Sol? What are you going to do to me?What am I going to do? I yelled, my anger rising through the drug. I shoo k him, knocking his head against the floor. I should kill you too Do you know what youve done to all these people? To the band? Dougs in the hospital right now because of you.His eyes went wide. I didnt know that. Honest. I didnt want to stick out himI-I just couldnt get the stuff on time. Not until I delivered you.He spoke of me and the other victims like we were commodities. I wanted to pick him up and hold back him out the window. I could do it too. Humans were indeed fragile things, and while my succubus shape-shifting didnt have the power to maintain this r-strong shape all night, I could hold it long enough to do some major damage.Despite my normal abhorrence of violence, I have to admit that throwing people around a room is actually more satisfying than youd think. After Dominique had died, I tracked down the corrupt doctor who had botched her abortion. I had changed from Josephine and wore the shape of an apish, seven-foot-tall man with bulging muscles. Storming into the d octors small, dim office, I didnt waste any time. I grabbed him as if he weighed nothing and tossed him against the wall, knocking down shelves of curiosities and so-called medical implements. It felt fantastic.Striding over, I picked him up by the front of his shirt and punched him hard in the side of the head, ten times harder than Id hit Alec. The doctor staggered and fell but still had enough life to skin backwards, crab-style, in an effort to get away.Who are you? he cried.You killed a girl tonight, I told him, moving menacingly. A blond dancer. His eyes bulged. It happens. I told her. She knew the risks.I knelt down so that we were at eye level. You cut her open and took her money. You didnt care what happened to her.Look, if you want the money back I want her back. Can you do that?He only stared, shaking with fear. I stared back at him, shaking with my own power. I had the ability to kill him. To throw him again or snap his neck or choke the breath from him. It was terribl e and wrong, but seized by my own rage, I couldnt control myself. Honestly, its fortunate in the long run that most incubi and succubi have sonant personalities more bent on pleasure than on pain. With the ability to take on any shape, we can be pretty deadly to mortals if were pissed off enough. They cant really stand against us. This doctor sure as hell couldnt.But another immortal could.Josephine, murmured Bastiens voice behind me. Then Fleur .When I still didnt serve or loosen my grip, Bastien said, Letha.My birth name penetrated the bloodlust pulsing through me.Let him go. He isnt worth your time.And Dominique isnt worth avenging? I demanded, my eyes never leaving the abject human before me.Dominique is dead. Her soul is in the next world. Killing this man wont change that.Itll make me feel better.Maybe, conceded Bastien. But it isnt your place to mete out penalty to mortals. Thats reserved for higher powers.I am a higher power.The incubus rested a gentle hand on my shoulde r. I flinched. We play a different role. We dont kill mortals.You and I have both killed before, Bas.In defense. Protecting a village from raiders isnt the same as cold-blooded murder. You may be damned, but you arent this far gone.I released my hold on the doctor and leaned back on my knees. He stayed frozen. I loved Dominique, I whispered.I know. Thats the problem with mortals. Theyre easy to love and quick to perish. Better for all of us to keep our distance.I didnt touch the doctor, but I didnt move either. Bastien gave me a gentle tug, still quietly reasonable.Come on, lets go. Leave him. You dont have the right to end his life.I let Bastien lead me out. Once in the dark alley flanking the doctors office, I shape-shifted back to my more natural-feeling Josephine form.I want to leave Paris, I told him bleakly. I want to go somewhere where there is no death.He put an arm around me, and I leaned into his soothe presence. No such place exists, Fleur.In Sols house, I still bore dow n on Alec, again empowered with the ability to crush his life if I chose. But Bastiens words echoed within me, and I realized with an ache how much I regretted my current hostility with the incubus. Regardless, he was still correct after all these years. Revenge killings were not my right. It was unfair for an immortal to take advantage of a much weaker mortal. I would be no better than Sol. And looking at Alec underneath me, I realized just how terribly young he was. Not much older than Dominique.And anyway, my strength and coherence were failing by the second. I leaned in menacingly to Alec.G-get out, I mumbled through numbed lips. I want you to get out. Out of Seattle. Dont ever contact Doug or anyone else from the band again. If I find out youre still in the city tomorrow night I struggled for an appropriate threat. My mental processes were grinding to a halt. You, um, wont like it. Do you understand?My bluff worked he was clear terrified. I climbed off him and sat crouched bec ause I couldnt stand. He scrambled up, gave me a last terrified look, and tore out of the room.As soon as the doorsill closed, I passed out.

Hadith of Gabriel Essay

Our religion gives us the enlightenment to do whats better(p) not precisely for ourselves but for the entire realm that we belong as well. It serves as our guide to the path of wonderful thoughts and bright actions which will come to light to the ikonlity that we possess as of the moment. What will exist within our persona was the ultimate contribution of what our religion has thought us. In this regard, we could possibly utter that Islam has been one of the great contributions in this time and age.It depicts a very proficient instinct of responsibility which could help to augment the system that we have within ourselves. The teachings of the Quran emphasize the responsibility of the individual to society and of society to individual (Bloomington, 2002, p. 262), as we have noted, Quran serves as our guide to the right path and ultimately provokes us to realize what are the best things that we could adapt in order to live in the light of Moslem thoughts and ways.It has been said that it entails a huge responsibility as we get a grip on its teachings basically for the reason that it is not self centered and it focuses on the proliferation of the entire realm. One can attain absolute satisfaction if his environment goes with it meaning the society where you are currently into should goes hand in hand with the good thoughts that you believe in, and this was basically what Islam wanted to establish in its people. Take for instance the responsibility of paying zakat wherein people are oblige to pay regularly which in turn the poor will benefit such.Indeed, not all are convinced that they should pay such zakat and instead, they prefer to just give alms to the less favorable wholeheartedly. In view of which, what the Quran has embarked to its people was the gesture that at any rate we should love our neighbors regardless of their status in life. This positive vibe should be taken into consideration because this is one of the great teachings of the Islamic reli gion. Similarly, what were epitomized in the Hadith of Gabriel were the strong foundations of the religion of Islam.It embarks the five pillars per se of Islam which was considered as its strong foundation. Islam is to testify that there is no God but Allah and Muhammad is the messenger of Allah, to perform the prayers, to pay the zakat, to fast in Ramadan, and to make the trip to the House (Tauris, 1996, based on translation found at www. salaam. co. uk). Submission of oneself to Allah was the ultimate ladder to Islamic beliefs. Believing in His ultimate powers was the key to having a strong confidence in His teachings.He is the one who could feature happiness to the entire realm as we follow His ways to the right arena of life. There is no God but Allah and Muhammad is the messenger. This strong adherence of corporate trust delivers us to be educated with the good ideals of truly believing and opening our hearts to do good deeds in accordance to the wisdom of Allah. Furtherm ore, as we established our ways in lieu of the teachings of Allah, every(prenominal)thing is expected to proliferate for the fact that it has been guided by the almighty Allah. Performing prayers was also one of the foundations of Islam.Praying not only limits us to chant or even praise Allah, but it derives us a huge sense of establishing our faith and continuously have in psyche all the goodness that the religion of Islam embarked within us. The discipline of praying and getting focus was one of the great ways to build our personality that Allah believes to be essential in building the character of a person. Pay the zakat and give alms to the poor was one of the highlights of being a good person, and for that matter a renowned follower of Allahs teachings.Loving our neighbor was on top of everything because this is the moment in our lives that we are bound to appreciate all the goodness that our fellowman can give us. In every little way that we could offer love was extremely a huge responsibility to the character that we have within and this only proves that we are absolutely enlightened by the will of Allah. In addition to this, this is also a good representation how we truly grasp His teachings as we put into actions all the wisdom that He has given us. Paying zakat alone gives a tremendous impact since as we all knew this will benefit our less fortunate fellowmen.Giving alms to the poor was another(prenominal) context of charitable acts which will spread the kind of responsibility and love that Allah wanted us to deliver. To fast in Ramadan as well as pilgrimage to Mecca was another context of what Allah thought us what responsibility was all about. In this regard, this is an immense conscientiousness for us because fasting was a sign of definitive adherence to faith and following ways of Islam. Indeed, doing what is good is the way to Allahs teachings. His wonderful intentions of making His people become conscious of the good deeds were basically His best ideals.On our part, we just have to incessantly trust His ways and keep on loving our fellowmen since it is the focus of all Allahs ways. We can truly sum up to the realm that we are into the best possible way with the guidance of Allah. The foundations of Islam were a good representation on how we could act the right way. The Hadith of Gabriel shed us light to be able to realize how firm the foundation of Islam was and truly it guides us to be a better person with strong adherence to our faith and has intense love for our fellowmen.

Neurophysiological and Evolutionary Theories of Learning Essay

In the study of check intoedness, attainment theories are categorized into paradigms or schools of thought based on viewpoints shared by scientists that provide a framework for research. Three of the major paradigms of learning theories involve the cognitive paradigm, the neurophysiological paradigm and the evolutionary paradigm. The first paradigm is referred to as cognitive because theorists place their emphasis on the cognitive nature of learning. According to Hergenhahn and Olson (2005), the second paradigm is called neurophysiological because it attempts to isolate the mental and physiological correlates of things such as learning, perception, thinking and intelligence. The third paradigm is termed evolutionary because theorists attempt to explain learning processes based on an organisms evolutionary history.DiscussionThere are several theorists whose ideas are predominately cognitive. Theses theorists include the Gestalt psychologists Kurt Lewin and Kurt Koffka, as well as Jean Piaget, Edward Chace Tolman, and Albert Bandura. Wertheimer, Kohler and Lewin were fonethers of the Gestalt movement. According to Hergenhahn and Olson (2005), Gestalt theorists believed that we experience the world in meaningful wholes and do not see isolated stimuli but stimuli equanimous together into meaningful configurations (p. 264). Kurt Lewin proposed a field scheme of human motivation. He believed that behavior and cognitive processes are determined by divers(a) psychological facts that a person is consciously experiencing. The psychological facts are interdependent and any change in one piece of ass affect all the others, therefore influencing our behavior.Kurt Koffka, another Gestaltist falling under the cognitive paradigm defined the law of Pragnanz in Gestalt Theory. The law of Pragnanz states that, all mental events tend toward completeness, simplicity, and meaningfulness (Hergenhahn and Olson, 2005, p. 473). Followers of Gestalt possibility used this law as a guiding principle when studying learning.Another cognitive theorist was Jean Piaget. Jean Piaget contributed several theories including intelligence, schemata, assimilation and accommodation, and interiorization. According to his theory of intelligence, intelligenceis any act that creates optimal conditions for the organisms survival under the existing circumstances (Hergenhahn and Olson, 2005 p. 295). Intelligence installs how one adapts to the ever-changing surroundings. In Piagets schemata theory a persons schema is a cognitive structure that allows a person to act and respond to the environment.A schema can be either overt or covert behavior. The theory of assimilation explains how a person can respond to the environment using existing cognitive structures. The theory of accommodation explains how an organism adapts to the environment by modifying cognitive structures. Piagets concept of interiorization is described by Hergenhahn and Olson (2005) as the gradual decreased de pendence on the somatic environment and the increased utilization of cognitive structures (p. 299). Through this process, organisms can respond to more complex situations by thinking close them.Edward Chace Tolmans ideas were likewise predominately cognitive. He believed that organisms develop a mental picture of the environment which he referred to as a cognitive map. The cognitive map develops when mental expectations are confirmed by experience. When an organism is faced with a problem, it utilizes the cognitive map and chooses the best solution requiring the least amount of work according to Tolmans principle of least suit that will result in satisfaction.Albert Bandura, another cognitive theorist suggested that behavior is learned through observation. He theorized that learning is influenced by four processes. The first process, the attentional process, involves the observer attending to the model. The second process is called the retentional process. This process involves the observer retaining the information gained from the observation by storing it cognitively. The third process is the behavioral production process which requires the disciple to have the physical capabilities or behavioral abilities to perform what is learned.The final process, the motivational process provides incentives that motivate the learner to actually perform what has been learned. Bandura also theorized that peoples behavior is also determined by reciprocal determinism. Hergenhahn and Olson (2005) summarize Banduras concept of reciprocal determinism by stating that, behavior, the environment, andpeople (and their beliefs) all interact (p. 349).Falling under the neurophysiological paradigm is the theorist Donald Olding Hebb. Some of his theories included that of restricted environments, enriched environments, cell assemblies, phase sequences, and sensory deprivation. In Hebbs theory of restricted environments, Hergenhahn and Olson (2005), explain that if an environment la cks stimulation or experience, it can have a negative impact on the growth and development of nervous system. A restrictive environment can disrupt normal intellectual and perceptual development. In contrast, an enriched environment full of stimulation and experience can enhance development. Hebb also believed that each environmental goal we experience stimulates a complex pattern of neurons called cell assemblies (Hergenhahn and Olson, 2005, p. 379).The cell assemblies provide the basis of a thought. When cell assemblies become interconnected they form phase sequences. figure sequences allow us to have streams of thoughts. According to Hergenhahn and Olson (2005), Hebb concluded in his theories that not only is sensory information necessary for proper neurophysiological development, but it is also necessary for the maintenance of normal operate oning (p. 384). When an organisms experience sensory deprivation, severe cognitive disorientation, stress and fear can occur. Hebb belie ved that the environment had a direct effect on mental and physiological processes which influenced behavior and learning.The final paradigm is the evolutionary paradigm. Attempting to explain the learning process using evolutionary principles was the theorist Robert C. Bolles. Hergenhahn and Olson (2005) state that Bolles believed that learning involved the development of expectancies (p. 425). Expectancies are when an organism learns that one event leads to another. Bolles believed that organisms had innate predispositions for behavior and that motivation restricts response flexibility.Hergenhahn and Olson (2005) explain that an organisms natural reply in a situation may make it difficult to learn a new response. Using the box argument, Bolles argued that an understanding of learning must be accompanied by an understanding of the evolutionary history of the organism (Hergenhahn and Olson, (2005), p. 427). According this argument, organisms have to learn certain behaviors that th ey arepredispositioned for and not learn others depending on their niche and how they fit in the big picture. This can determine whether the organism is successful or not in adapting to its environment.ConclusionAlthough learning theorist in the various paradigms have attempted to explain learning and its processes, many questions are still unanswered. One of these questions is how does learning vary as a function of maturation? If learning occurs differently in different stages it would be beneficial to conduct research on how maturation affects the learning process. The information yielded from such research could be genuinely beneficial in regards to education. Another unanswered question is how does learning vary as a function of species? If some organisms have the biological ability to learn certain behaviors and some do not, how can research involving different species be beneficial?If psychologists want to learn more about the learning process in humans, they should study hu mans rather than making generalizations across species. Other questions that remain unanswered involve learning and personality characteristics, learning as a function of the total environment, learning and associations, as well as learning and instinctive behavior. It is imperative that more research be conducted in an attempt to answer these questions about learning to give people a greater comprehension of learning. The more knowledge we have about the learning process and what affects it, the better we will be at making learning successful.ReferencesHergenhahn, B.R., & Olson, M. (2005). An Introduction to Theories of Learning. New Jersey Pearson Education Inc.

Define Motivation, Explain How the Expectancy Theory Works Essay

TEMPLATE FOR SUMMARISING AND EVALUATING ARTICLES FROM SCHOLARLY JOURNALS Title and Article Reference Robert G. Isaac, Wilfred J. Zerbe and Douglas C. Pitt(Summer 2001) Leadership And need The Effective Application Of Expectancy Theory, Journal of Managerial Issues , Vol. 13, No. 2, pp. 212-226 Aim / Purpose of term In this article, we discuss the application of a motivational framework that provides a practical tool for individuals wishing to assume leadership roles. This sticker, namely expectancy surmisal (Vroom, 1964 Porter and Lawler, 1968), suggests that individuals, acting through self-interest, adopt courses of action comprehend as maximizing the probability of desirable outcomes for themselves.This desire to maximize self-interest provides aspiring leaders with unique opportunities to assume leadership roles by simultaneously showdown both follower needs and organizational requirements Sample, location, method of data collection and analysis Article was only theoretica l. No empirical evidence offered Findings/Interpretations reported in the article Leadership is hard work because it means stepping forward and taking the time to motivate each follower on a personal basis, harmonise to the principles of the model of expectancy theory. Significance/contribution of the article in relation to your other articles and your topic This article also contains solid information which outlines that the expectancy theory is used by leadership to motivate their employees by meeting their expectation which then inspires them to perform their task highly. Strengths of the article Well researched with strong backcloth in the exploration prior of research Weaknesses of the article No weakness indicated as the expectancy theory has proven to be vital for leadership and management.Quotes from the article that you plan to use in your assignment V. H. Vroom (1964) suggested that people consciously choose particular courses of action, based upon perceptions, attitudes , and beliefs, as a consequence of their desires to enhance cheer and avoid pain. (Leadership And Motivation The Effective Application Of Expectancy Theory) Summer 2001 p 214 Quotes from the article that you plan to use in your assignment In essence, the model suggests that the individual feels motivated when three conditions are perceived1. The personal expenditure of effort will result in an acceptable direct of performance. 2. The performance level achieved will result in a specific out-come for the person3.Theoutcome attained is personally valuedSummer 2001 p 215

Leadership theme in Othello

William Shakespeare is one of the most profound generators that ever existed his books consent touched(p) almost all aspects of life. I was drawn by Othello because of the natural skill and brilliance the author used. How Shakespeare builds lineament of the protagonists and obstructors is out of this world the sequence of scenes and vocabulary in use is also unparalleled.Not only in Othello but also in his other plays. Love and romance is one of the themes that his plays revolved on we fecal matter say he used it as device to attract more readers and learners, but if we look at it as a non marketing tool we can also say that he centered in it to confuse the authorities of England that were ruthless when it came to dealing with anti government policies, e.g colonialism. I solely deployed the review method acting of interrogation as it would give me the filtered thoughts of professionals on the matter.That said, neo-classic literature critics guard come to a truce that Othello is a play that lays bare the qualities of a true attracter and how the leadership can influence the political and frugal sector. These propertys can be laid bare if one deciphers the underlying message in the characters actions and words.All characters have different traits so I paid keen attention to the protagonist and antagonist Othello and Lago. Their smooth tuberosity and how ones opinions and suggestions could affect the other lays bare the desirable and undesirable traits in leadership. The main purpose of this review is to cause and lay down Shakespeares honorable audience that in that location is more to his plays than just love themes.Leadership theme in OthelloI will have to begin this introduction by a praise to the play master him self William Shakespeare. At the beginning of the play the writer portrays Othello as a very indecisive man and still unenviable lined to his shortcomings. Later on, the character takes a paradigm shift and he is able to be adored by the audience. This is made possible by his selfless actions capped with eloquent enticing skills.Lago who is the villain is manifestly attached to the main character, staying true to his malicious cause he leads to the memorable demise of Othello. How this two interact should be an eye opener for leaders to be cautious and very selective of the company they remark and how that company influences his thoughts and delivery when in and out of duty. At the onset of the play we might have a likable feeling towards Lago but when detailing on the triggers of his actions we will see that he was created to clearly show shortcomings of any leader and what happens to them if they pushed to the breaking point by wrong influences.Lagos treacherous act were driven by human desires he wanted Cassios post as a lieutenant and that was his reason for spreading the narration to his boss that his married woman was having a secret affair with his enemy. We must also marvel at how Lago pull the equ ation and fixed Brabantio in it as he knew how much he detested the affair Othello had with Desdemona. The open nonion that Lago had was that Othello would kill his competition.In contrast of notions and deeds, we see that Othello had positive thoughts and his dear fri give notice and he however defended when need arose. Their relation only proves how any person can be vulnerable to deceit and self destruction. It is sad that Othello let Lago control his thoughts and deeds. The sequence of the scenes and how Othello behaves in different surroundings also profiles him as a very direful person.The scenes shift between being tense, romantic and spiteful, despite this we realize that protagonist behaves benevolently in most of them until the point he felt that he could take it no more give thanks to Lago. When cruising through the scenes, we realize that Lago has somewhat become the central character as when he is not there, his spectre is seen in how Othello behaves. The level o f contact and communication between these two characters even surpasses how the protagonist relates to his own wife Desdemona.The underlying message here is that the theme of leadership is the one that is on emphasis. The post Othello holds in the federation and his racial back give also gives the dynamics how leadership selection and election should be. The cases presented to the senate show a leader should behave and how cases should be handled. I think the last scenes were scripted to intentionally lean on the romantic theme so that the audience attention doesnt waver or as had said before so that the authorities couldnt smell malice in the writing.Materials and methodsThe materials used were the play OTHELLO written by William Shakespeare and the online articles that supported the compendium that leadership theme was central in the play in question. To get a clear view of the topic I had to keenly analyze the scenes in the play, notice the mood how the protagonist and antagoni st behaved in them.I also used psychology scholarly articles to justify if the characters actions came out naturally or if there was a modicum of restraint and moderation despite the outward triggers to behave wildly. I gave an economic touch to this research by stating if the traits portrayed were beneficial or detrimental if possessed by leaders in organizations. Results obtainedThere was categorisation of both bad and good qualities when Othello was the man in question.Among the good traits he possessed that made an staggering leader and likable characters wereTaking responsibility, he proved this when Lago came to warn him about the vengeful search that Brabantio had launched on him. Brabantio had an obvious dislike for Othello as he thought that he had used charm and voodoo to hurt Desdemona, we can say that Brabantio used this claim on our protagonist as he was not from a white descent.Despite the warning and imminent threat of destruction that the latter lookingd, he stoo d firm to his ground as swore not to flee a matter which he fulfilled (pluckrose-2017). He was ready to face the consequences if need be because he believed that what he did was true. He showed respect to his foes and elders whenever he was addressing them, such a scenario were when he was presented to the senate to answer a case where Brabantio had accused him of charming his daughter.He praised the senators by referring to them as his very noble and approved masters. The word masters is emphasized cause it meant that despite his post, he still acknowledged that he fell under the laws of the land.He was a slumber maker this was evident when an infuriated Brabantio approached him with his swordsmen. Instead of reacting in panic, solicitude or anger, he diffused the tension with a joke and proved he was a peace maker.It is evident that he had skills in war and he would have opted to use them in that moment if he was a selfish and ruthless leader. He opted not to because he knew the re are civilized slipway of solving matters.His composed and eloquent character made him stand out in all the scenes, the writer made it appear like he was the most learned person in the whole play. He maintains his composure When being presented at the senate for heinous claims and still achieves a rhyme when speaking, he says signormasters..daughterand her in one sentence.We see some senators showing admiration to the protagonist.Jealousy and gullibility are some of the negative traits that Othello exhibits. He lets Lagos words get into his and hood his judgment. He tends to lay so much trust in the antagonist that he doesnt bother verifying the authenticity of the words a matter that culminated to his tragic demise.The jealous he feels for the rumored relationship between his wife and Cassio prove him emotionally weak, also a matter that leads to the tragic end of the play.He thought Self depreciation warranted him to depreciate Cassios abilities. He acknowledged his own weaknes ses and assumed that his love obstructer that was a much lesser man than him. This is a very worrying trait for a tune leader to posses as it doesnt lead to solving of a problem.He was overconfident in his doings and words. He used outrageous words to demean Cassio and filled his head with ideas that Cassio was lesser man hence could not compete with him in any way. It is by this assumptions that he starting plotting to kill his wife and her purported lover.He was emotionally weak. This trait was not evident at the beginning when he stayed to meet eye to eye with Brabantio but when he let Lago get into his head he lost his entire cool and behaved like an uncivilized dimwit by ending his own life.Discussion and conclusionFrom the above results we notice that all men can be vulnerable to bad influence, if only Othello had kept Lago a little bit far from him they he would have maintained his reputation as a perfect leader. The positive traits that have elaborated can do the manager s in decision making and situation handling in the corporate world (stein-2005). A leader must learn to be responsible and accountable for his own actions when he feels that what he did was right.Even if he is wrong, he must judge himself harshly as failure leads to experience. From Othellos descent we learn that race does not determine ones traits, Othello was not a pure white man but he proved to be wiser and more composed than Lago. With inference from the original text and the examples I used, we reach a conclusion that leadership is truly the main theme in the play and that love is only used as manner to attract the audience and capture its attention.ReferencesAn online article written by Helen Pluckrose on 19th January 2017Evolution psychology in the humanities Shakespeares Othellohttps//areomagazine.com/2017/01/19/evolution-psychology-in-the-humanities-shakespeare-othello/Scholarly journal by M Stein written in 2005The Othello puzzle the inner contagion of leadershiphttps// journals.sagepub.com/doi/abs/10.1177/0170840605055339

Miscommunications in the Workplace Essay

Recently we nurse had twain of our retailers contact us with problems regarding shipments they engender received or have failed to receive. I roll in the hay this is not the first sequence this has happened still I would like to minimize the possibilities of it happening again. It seems the root of our problem is miscommunication in the work ship. As a shipping theatre director that has seen this kind of issue before in past work experiences and I believe I know what we fag do to solve our breakdown in communication between the various departments, retailers, and co-workers. As chief financial officer I know you give see this proposal can benefit the company both financi onlyy and operationally.First, I propose that the company implement a required form of communication. I believe give sort written notes argon a thing of the past and that we should upgrade our communication requirements to electronic mail. If we had an e-mail provided policy we could have record of all co mmunication on file without the risk of losing a post-it note. e-mail also implys the option of a read receipt, which earmarks the user to know when the receiver has opened and read the essence or if they have not seen the meat yet and another(prenominal) form ofcommunication, such(prenominal) as a phone call, might be required to meet a deadline. The policy might also include that all e-mails must receive a reply no matter how simple the message.I can head a short meeting at the end of the day to cover the implementation of this plan. The theme here is to eliminate hand written notes as well as informal communication such as instant messengers and social network communications. We will need to upgrade a few of the employees company cell phones and instruct them on how to use e-mail on these devices. Even though e-mails are good for keeping a history of communications, public relations expert Lisa Elias states, When delivering delicate information, pick up the phone. A gentle tone of voice can soften bad news or run warmth and caring, whereas an email or text can easily be misconstrued, (Kouremetis 2013).Although e-mail can jock eliminate the outside forms of communication, another possible resolution would be to implement task management bundle into the office. This alone may solve the issue. There are many different task management programs getable but one that has caught my eye is AtTask, which is used by corporations such as HBO, Samsung, and Adobe. AtTask will allow us to run a free trial of the software prior to purchasing and claims the product will allow us to see what is going on with our projects, if we are on date, and when it will be done ( operate, 2012).You will even have access to the task manager to see what is going on in our shipping bay. AtTask even has an integrated communications technology that allows for instant messaging between co-workers and a notes formation for the client list. That way, if one person speaks with a clien t of ours and they request a change to their order he can enter the message in the clients message folder and we can all receive the notification straight to our smart phones and computers.Even though, task management software will in conclusion benefit company wide communication, another area that lacks focus is education on the subject matter of the workplace. A few of these men have worked here for over ten years and they know any part number by memory, but communication technology is outgrowing these few at a quick pace. On the other end of thespectrum, these younger men have keen senses of current technological advancements, but they could use some more time in learning the step-by-step carry throughes we face on a daily basis. I propose that we run a workshop meeting once every two weeks for a total of eight weeks to teach the young ones about the process of shipping from us, the supplier, to the consumer/retailer.This workshop could perhaps be run during hours if the tim e comes available, but will most likely need to take place on Saturday from 1200 p.m. until 200 p.m. The instructors will be chosen from 3 of our most experienced workers who will earn overtime from these extra hours. A separate workshop on communication technology for the employees that have been here should happen once a week for an hour, probably on Wednesday evenings after work. The employees will be eligible for overtime with this extra hour on the job. I believe that being educated on the subject matter of the workplace is vital to our success.In addition to knowledge of the workplace being significant, another part of the communication process that has lacked in certain areas is feedback. Feedback is one of the four major communication functions (Belch 2012). It is the fundamental to knowing your communication was successful. We need to emphasize in the training process that it is okay to ask questions. I have seen it happen before where someone is afraid to ask a question f or fear of censure only to have to go back re-work what has been done. Asking the right questions can help us to do it right the first time (D.I.R.T.Fi.T.). I feel the previously mentioned workshops would be a great time to re-emphasize the importance of asking questions. Also, as mentioned in the first proposal, all e-mails must receive a reply or they will be followed up with a phone call.We must remember that sometimes in order to receive feedback it must be asked for. After explaining a work order or process it is vital to ask, Do you understand? or Do you have any questions for me? Another way of obtaining feedback would be through face-to-face technology. With our smartphones and office computers we can send a more personal message with FTF video conferencing. Google Hangouts are part of the Google suite of applications that support multi-party video chat as well as other Google applications including Sketch-UP, Docs, Spreadsheets, Presentations, and screen sharing and these types of technologies are being recommended asteaching formats to doctors and professors around the globe (Roseth, 2013).In conclusion, I do believe there is work to be done in regards to the communication process in the workplace. I have proposed four strategies to minimize the possibility of future communication breakdowns. Please do not hesitate to contact me with any questions you may have. You may decide to choose one or to integrate all four, the choice is yours, but I do ask that you please take your time in considering the possibilities and I do trust you will choose what is best for the company.ReferencesBelch, G. E., & Belch, M. A. (2012). Advertising and Promotion An integrated Marketing Communications Perspective, 9th Edition. New York, NY McGraw-Hill/Irwin.Kouremetis, D. (2013). Choosing Communication Methods Wisely for Your Small Business. Forbes. Retrieved from http//www.forbes.com/sites/denakouremetis/2013/01/28/choosing-communication-methods-wisely-for-your-small-b usiness/Roseth, C. (2013). Blending Synchronous personal and Computer-Supported Cooperative Learning in a Hybrid Doctoral Seminar. Techtrends Linking Research & Practice To Improve Learning, 57(3), 54-59. function. (2012). AtTask software services retrieved from http//www.attask.com/services

Representative Charles Rangel of New York

In attempting to sc ar American at the thought of going to state of war with Iraq, vocalization Charles Rangel of New York proposed a bill to reinstate the armed services draft. His purpose was not to argue the draft itself, except to collect Americans aware of the perils of going to war and the inequity in the current military. Ironically, four years later, the war is a reality, and so is the draft. Reinstating the military draft entrust serve the USs failing military both abroad and at home.First of all, the draft in the 21st century would need to be fair. some(prenominal) a(prenominal) people fear the draft because it is well known that the lower socioeconomic levels and minorities are disproportionately delineate in the fighting military today. As a matter of fact, more(prenominal) than 30 percent of the nations military is made up of minorities (Rangel Introduces a Bill to Reinstate Draft, 2003). The juvenile draft would make everyone between the ages of 20 to 26 (or p erhaps as materialization as 18 and as mature as 28) register and serve.Thus, the draft is perceived as more fair. One reason more young people dont serve now is the fear that while theyre wearing the uniform, their peers will be out having sport and getting a leg up in their careers. If everyone were required to serve, no one would feel alike a sucker (Moskos and Glastris, 2001). However, the idea of sending every college aged kid overseas to carry a gun is an outdated vision of the draft. Nowadays, the military needs more than just professional soldiers. Plenty of duties are available for those draftees (and volunteers) that are made available with the draft. As Moskos and Glastris (2001) note, we are now dealing with a shadowed enemy rather than an obvious platoon of marching troops. The new enemy is everywhere terrorism. That terrorists might poison municipal water supplies, spray anthrax from crop dusters, or suicidally infect themselves with small pox and stroll by dint of busy city streets, is no longer considered farfetched.That we might need to draft some of our people to foreknow these threatsnow thats considered farfetched, to the extent that its considered at all (Moskos and Glastris, 2001). Fighting this war will take more manpower than the United States currently has. This manpower will not necessarily be in trenches or tanks. They will be doing duties that many Americans do not realizes are needed.These jobs include federal armed personnel to harbour dams, nuclear power plants, sports complexes, and U. S. embassies abroad more border patrol and customs agents to keep terrorists and their weapons from entering the state of matter more INS agents track down immigrants who have overstayed their visas more coast guard personnel to inspect ships more air marshals to ride on passenger jets and more FBI agents to uncover terrorist cells still operating at bottom and outside our bordersborder guards, customs agents, anthrax inoculators, or d isaster-relief specialists (Moskos and Glastris, 2001).None of these jobs require tactical war skills. In addition, many individuals do not understand the in a perfect situation, troops would not serve for much(prenominal) long terms. Now, with the shortage of soldiers in Iraq, many troops are being redeployed two and three times. A draft would solve this problem. In Bosnia or Kosovo, the average time of deployment was only six months (Moskos and Glastris, 2001).The short duration for draftees would be less daunting than the commove the current military is bearing. The idea of the draft of previous decades is not the same draft as the one of this era simply because the war landscape is different. Fairly distributing the burden and reducing terms is one difference that many will notice. In addition, these individuals will serve at duties not necessarily on the front lines, but in positions of homeland security due to the new type of war on terror.With the guarantee that all will s erve in a agency that is appropriate for them, people have a better chance of becoming that a draft is indispensable to continue the freedoms that all Americans enjoy. References Moskos, C. & Glastris, P. (2001). Now Do You Believe We Need A Draft? Washington periodical 4 June 2007 from http//www. washingtonmonthly. com/features/ 2001/0111. moskos. glastris. html Rangel Introduces a bill to reinstate draft. (2003). CNN. Com Inside Politics. Retrieved 4 June 2007 from http//www. cnn. com/2003/ALLPOLITICS/01/07/rangel. draft/

Education and Skills Bill Essay

The grooming and Skills an nonation introduces a immature duty on puppylike tribe in England to participate in program line or pedagogy until the season of 18. The scorecard follows the h wizardy oil bracingspaper Raising Expectations staying in learning and bringing up, which described the perceived benefits to individuals, the economy and auberge of boyish hoi polloi staying in grooming or schooling for longer. Responsibility for deport run currently carried verboten by the Connexions service entrust be transferred to local anesthetic command authorities (LEAs).The add-in makes cast come discloses relating to adult skills. The meridian as well countenances for the transfer of the regulatory authorities for sovereign takes in England from the Secretary of body politic for Children, Schools and Families to the Chief Inspector of grooming, Childrens Services and Skills (the spick-and-span Ofsted) There ar miscellaneous edible in relation to pupil conduct, immaterial qualifications, charge of t severallyer knowledge, and Schools Forums.Also a framework power is provided for the National Assembly for Wales to legislate in relation to the inspection of pre-16 get and tuition. The territorial extent of the touchstone varies according to the scope of the different nourishment. The Bill contains plannings that trigger the Sewel Convention. Christine Gillie Social Policy Section Contri exceptions Ed Beale, Paul Bolton, Grahame Danby, Susan Hubble, Vincent Keter mansion of common land Library.Recent Library Research piece of musics include 07/72 07/73 The Governance of Britain Green Paper Child Maintenance and Other Payments Bill Committee Stage Report 07/74 07/75 07/76 07/77 07/78 07/79 07/80 Economic Indicators, November 2007 Channel Tunnel Rail Link (Supplementary Provisions) Bill Un workout by Constituency, October 2007 The European Communities (Finance) Bill Bill 2 of 2007-08 Sale of Student Loans Bill Housing and R egeneration Bill Bill 8 of 2007-08 The EU Reform.conformity amendments to the Treaty on European Union 07/81 07/82 07/83 07/84 07/85 07/86 Health and Social Care Bill House of Lords developments since January 2004 Economic Indicators, celestial latitude 2007 Planning Bill Bill 11 of 2007-08 Crossrail Bill Committee Stage Report The Treaty of Lisbon amendments to the Treaty establishing the European Community 22. 11. 07 03. 12. 07 04. 12. 07 06. 12. 07 06. 12. 07 06. 12. 07 06. 11. 07 09. 11. 07 14. 11. 07 15. 11. 07 15. 11. 07 22. 11. 07 22. 11. 07 26.10. 07 02. 11. 07 Research text file are available as PDF files to members of the general public on the Parliamentary web site, URL http//www. parliament. uk within Parliament to users of the Parliamentary Intranet, URL http//hcl1. hclibrary. parliament. uk Library Research Papers are compiled for the benefit of Members of Parliament and their personal lag. Authors are available to discuss the contents of these papers with Members and their staff but can non advise members of the general public.We welcome comments on our papers these should be sent to the Research Publications Officer, dwell 407, 1 Derby Gate, London, SW1A 2DG or e-mailed to write upSparliament. uk ISSN 1368-8456 Summary The instruction and Skills Bill was presented in the House of parking lot on 28 November 2007. At the same time Explanatory Notes, an preserve judgement and a memo of Delegated Powers were as well publish. The Bill, as presented, is in five parts. some(prenominal) of the readyings are linked to the disposals policies for reforming 14 to 19 teaching method and improving the discipline and skills of materialisation masses and adults.Other parts of the Bill are on sepa order matters particularly relating to the commandment and inspection of independent schools and colleges. piece of music 1 introduces a naked as a jaybird duty on new-fashioned mountain in England to participate in rearing or training until the age of 18, and creates a statutory framework to support and enforce it with new duties on local education authorities (LEAs ), educational providers and employers. The raising of the interlocking age suffer be introduced in devil stages to 17 by 2013 and to 18 by 2015. Provision is do for LEAs to enforce the federation duty, if necessary.They may outcome attendance notices to young people who refuse to participate. New attendance panels will be created to hear appeals and to monitor lizard the enforcement process. LEAs may as well as issue parenting contracts or parenting orders to parents of young people who are failing to fulfil the duty to participate. The proposals follow the green paper Raising Expectations staying in education and training (March 2007), which described the perceived benefits to individuals and society of young people staying in education and training for longer. period there has been wide acceptance of the article of belief that young people wil l benefit from participating until they are 18, concern has been expressed or so make it compulsory. firearm 2 makes provision for the transfer to LEAs of the information, advice and support services for young people currently provided by the Connexions service. This follows proposals in the Youth Matters green paper (July 2005). The funding for the Connexions service will be transferred to LEAs in April 2008.It is symbolize that LEAs will continue to maintain the Connexions entropybase so as to help them provide the right support services to young people and promote the new duty on young people to participate in education or training. variance 2 besides places a duty on LEAs to arrange for the judgment of the education and training postulate of a person with a statement of special educational needs (SEN) during their last family of schooling. This takes card of the change in the Bill to raise the participation age.Other provisions in off post 2 include a requirement fo r secondary schools to present careers information in an impartial way and to provide careers advice that is in the best interests of the child an explicit duty on the cultivation and Skills Council (LSC) to provide proper facilities for apprenticeships for 16 to 18 form ageings, and to make reasonable provision for apprenticeships for those aged 19 and over a requirement for LEAs to agree regard to journey times in preparing their transport policies for students of ordinal-form age attending educational establishments and a requirement for LEAs to co-ope post with partners who are responsible for 14 to 19 education and training.Part 3 contains provisions in relation to adult skills. The issue of maintaining a sufficiently skilled men to meet the economys needs in the face of growing global competition has fix increasing prominent, particularly since the publication of the Leitch go off of Skills in 2006. In its response to the review, the Government set out a range of goals relating to workforce skills for 2020 and outlined how it intend to achieve them.This Bill places duties on the LSC to provide a free entitlement to training for all adults in England aged over 19 up to their first wide-cut Level 2 qualification, with a similar entitlement up to Level 3 for those aged 19-25. Provision is also made to enable the sharing of data amidst relevant departments and the devolved administrations in order to assist in the effective assessment and provision of education and training for those aged 19 and over. Part 4 creates a wider definition of an independent educational institution in England, which includes certain parttime educational provision, to which the regulatory regime for independent schools in England will apply.That regime, currently contained in the bringing up Act 2002, is restated in Chapter 1 of Part 4. The regulatory framework for independent educational institutions is changed so that the Chief Inspector of Education, Childrens Servic es and Skills (the new Ofsted) and not the Secretary of State is the enrollment authority. The function of approving non-maintained special schools is also transferred from the Secretary of State to the Chief Inspector. Sixth-form pupils in nonmaintained special schools are given a right to opt out of religious worship. (Pupils in mainstream maintained schools already have this right under the Education and Inspections Act 2006.) The Bill also seeks to amend section 347 of the Education Act 1996 to remove in England the category of approved independent school for the placement of a child with a statement of SEN, and to remove the requirement for LEAs in England to seek go for to place pupils with statements of SEN in non-approved independent schools. Other changes in Part 4 include the introduction of a new management standard for independent educational institutions, and changes relating to fees for registration and inspection. Part 5 includes miscellaneous provisions in relation to pupil behaviour, the Qualifications and Curriculum Authority (QCA) and the approval of external qualifications, the inspection of teacher training, and the penning of Schools Forums.Also Part 5 creates a framework power for the National A ssembly for Wales to legislate in relation to the inspection of pre-16 education and training. The Bill extends to England and Wales. M any of the provisions apply to England only. A subroutine of new or expanded powers are conferred on Welsh Ministers. (These are set out in add-in 1 of the Explanatory Notes to the Bill. )Five clauses that relate to sharing information extend to Scotland and trigger the Sewel Convention. Two clauses relating to the skirt of the QCA extend to Northern Ireland. This research paper outlines the key provisions of the Bill, and provides lynchpinground on them. It is not intended to be a comprehensive account of the clauses. A detailed clause by clause account is given in the Explanatory Notes to the Bill.Librar y contacts Christine Gillie raising the participation age, Connexions service, special educational needs, post-16 transport, regulation and inspection of independent schools, pupil behaviour and attendance and Schools Forums Paul Bolton statistics on the above Ed Beale apprenticeships, training and adult skills Grahame Danby data processing Susan Hubble financial support for students and external qualifications Vincent Keter employers and business CONTENTS I Part 1 of the Bill duty to participate in education or training (England).A. B. Introduction land 1. History 2. connection of 16 and 17 yr olds in education, employment and training 3. The green paper and the case for change 4. Responses to the green paper C. D. Overview of the proposed system for raising participation 7 7 8 8 8 12 15 20 Suitable provision and enabling young people to participate the four building blocks 23 The Bill 1. Key provisions 2. Comment 31 31 35 38 38 38 40 41 42 43 43 E. IIPart 2 of the Bill Suppo rt for participation in education or training young adults with learning difficulties and young people in England A. Provision of support services (Connexions Service) 1. Background 2. The Bill B. C. D. E. F. Assessments relating to learning difficulties Careers education Apprenticeships Provision of transport for persons of sixth form age journey times Co-operation as regards provision of 14 to 19 education and training 44 45 45 47 49 collar Part 3 of the Bill Adult Skills A. Background 1. The Leitch Review of Skills 2. Current mea reliables to address adult skills 3. House of Commons Education and Skills Committee report Post-16 Skills 51 B. The Bill 1.Reaction IV Part 4 of the Bill regulation and inspection of independent educational provision in England A. Current arrangements for regulation and inspection of independent schools Consultation proposals Response The Bill 53 54 55 55 57 61 63 64 64 65 66 68 69 69 70 B. C. D. V Part 5 of the Bill miscellaneous provisions A. B. C. D . E. F. Pre-16 education and trainingWales Maintained schools in England behaviour and attendance External qualifications Inspections of teacher training in England Schools Forums General provisions VI VII entropy processing Appendix I Reaction from specific organisations to the green paper, Raising expectations staying in education and training 73 Appendix II relevant documents 85 VIII.RESEARCH PAPER 07/87 I A. Part 1 of the Bill duty to participate in education or training (England) Introduction In March 2007 the Governments green paper Raising Expectations staying in education and training post-16, proposed that the borderline age at w hich young people should leave education or training should be raised to 18.1 The participation age would be increase in two stages to age 17 from September 2013, and to 18 from September 2015. The green paper set out a detailed parcel of land of measures for consultation. Alongside the green paper the Government published an Initial Regulatory preserve Assessment on the estimated cost of the proposals.2 (These projections have been reviewed and revised and are now published in the Impact Assessment that accom panies the Education and Skills Bill see below). In July 2007 the Government published a report of the consultation on the green papers proposals. While it noted that there had been wide acceptance of the principle that young people would benefit from continuing to develop their skills formally until they were 18, it also noted that there was concern about making participation compulsory. 3 Also in July 2007, the Government published World Class Skills Implementing the Leitch Review of Skills in England. 4 This set out the Governments plans to improve the skills of young people and adults.The Governments Draft Legislative Programme, published on 11 July 2007, announced that a bill would be introduced to ensure that young people stay in education or training until age 18, and to provide new rights to skills training for adults.5 In his Fabian Society lecture on 5 November 2007, Ed Balls, the Secretary of State for Children, Schools and Families, described the Governments proposals, and published a further document From form _or_ system of government to legislation. This explained how the Government intended to proceed, and what aspects of the policy required legislation. 6 Also on 5 November 2007, the Government published its st cropgy for reducing the proportion of young people not in education, employment or training. 7 1 2 3 4 5 6 7Raising Expectations staying in education and training post-16, Cm 7065, March 2007 http//www. dfes. gov. uk/consultations/downloadableDocs/6965-DfESRaising%20Expectations%20Green%20Paper. pdf Initial Regulatory Impact Assessment for Raising Expectations staying in education and training post16, DfES, March 2007http//www. dfes. gov. uk/consultations/downloadableDocs/RIA%20FINAL%20word%20version. pdf Raising Expectations Consultation Report, DCSF, July 2007 http //www. dfes. gov. uk/consultations/downloadableDocs/Raising%20Expectations%20Consultation%20R eport. pdf http//www. dfes. gov. uk/skillsstrategy/uploads/documents/World%20Class%20Skills%20FINAL. pdf http//www. cabinetoffice. gov.uk/reports/governance. aspx Raising Expectations Staying in education and training post 16 From policy to legislation, DCSF, November 2007http//www. dfes. gov. uk/14-19/documents/Raising%20Expectations. pdf Reducing the number of young people not in education, employment or training (NEET) by 2013, DCSF, 5 November 2007 http//www. dfes. gov. uk/14-19/documents/NEET%20%20Strategy. pdf 7 RESEARCH PAPER 07/87 The Education and Skills Bill was presented in the House of Commons on 28 November 2007. 8 Explanatory Notes9, an Impact Assessment10, a Memorandum of Delegated Powers11 and a Short Guide 12 were also published. B. 1. Background HistoryThe Education Act 1918 raised the compulsory school leaving age from 12 to 14. It also made provision for all young people to participate in at least part-time education until they were 18 but this provision was not implemented. The end of the First World War was followed by a pointedness of austerity public expenditure cuts dubbed the Geddes axe 13 meant that the aspiration of increasing participation was not achieved. The Education Act 1944 made provision to raise the school leaving age to 16 but this was not implemented until 1972. 14 The 1944 Act also re-enacted the 1918 provision to extend participation at least part-time until the age of 18 but again this was not implemented.The school leaving age has remained at 16 since 1972, although the leaving date was amended in 1997. 15 2. Participation of 16 and 17 yr olds in education, employment and training At the end of 2006 about six out of every seven 16 and 17 form olds were provisionally estimated to be in some form of education or training. The grownup majority were in plenteoustime education, separates were in Government supported Work Ba sed acquisition (WBL)16, Employer Funded learn 17 or other types of education and training including part-time courses.The latest data are summarised below 8 9 10 11 12 13 14 15 16 17 Education and Skills Bill, Bill 12, Session 2007-08 http//www.publications. parliament. uk/pa/cm200708/cmbills/012/08012. i-v. html Education and Skills Bill Explanatory Notes http//www. publications. parliament. uk/pa/cm200708/cmbills/012/en/index_012. htm Impact Assessment of the Education and Skills Bill, DCSF, 29 November 2009http//www. dfes. gov. uk/publications/educationandskills/docs/impact_assessment. pdf Memorandum of Delegated Powers, DCSF, 28 November 2007 (an electronic copy was not available at time of writing but a hardcopy was available from the Vote Office) DCSF, Short Guide to the Education and Skills Bill http//www. dfes. gov. uk/publications/educationandskills/docs/BillNarrative.doc after Sir Eric Geddes who chaired a committee set up to suggest economies SI 1972 No 444 The 1997 c hange introduced a single school leaving date the last Friday in June in the school twelvemonth in which a young person reaches age 16 DfES Circular 11/97, School passing Date for 16 class Olds, September 1997 http//www. teachernet. gov. uk/management/atoz/S/schoolleavingdate/index. cfm? code=furt Includes Advanced Apprenticeships, Apprenticeships, Entry to body of work and NVQ Learning.Young people who received training in the previous four weeks, includes non-WBL apprenticeships. 8 RESEARCH PAPER 07/87 Education, employment and training status of 16 and 17 year olds in England, 2006 16 year oldsnumber % of population 17 year olds number % of population 16 and 17 year olds number % of population Full-time education Work Based Learning Of which also in regular education Employer Funded Training Other education and training Total education and training Not in any education or training Of which also not in employment Source 516,900 37,700 1,300 15,000 25,600 593,800 68,400 42,80 0 78.1% 5. 7% 0. 2% 2. 3% 3. 9% 89. 7% 10. 4% 6. 5% 428,600 51,600 1,200 26,700 32,000 537,600 122,000 62,700 65. 0% 7. 8% 0. 2% 4. 0% 4. 9% 81. 5% 18. 5% 9. 5% 945,500 89,300 2,500 41,600 57,600 1,131,400 190,400 105,500 71. 5% 6. 8% 0. 2% 3. 1% 4. 4% 85. 6% 14. 4% 8. 0%.Participation in Education, Training and Employment by 16-18 Year Olds in England 2005 and 2006 and Participation in Education and Training by 16 and 17 Year Olds in each topical anaesthetic Area in England 2004 and 2005, DCSF Overall participation rates were higher for 16/17 year old females at 88% compared to 83% for males.The gap was n archaeozoic 10 character points for respectable-time education participation, but young men were more than likely to be in one of the training categories. These figures are base on the academic year age of young people, i. e. their age at the start of the academic year. then 16 year olds are in their first year after the end of compulsory education.The data are estimated as at the end of the calendar year, hence some of these young people will have had their 17th/18th birthdays. Among the one million 16 and 17 year olds in full or part time education in 2006, 426,000 were in further education/ specialist colleges, 366,000 were in maintained schools, 130,000 in sixth form colleges and 82,000 in independent schools. The overall number in full-time education has increase by 14% over the last decade the largest proportionate increases were at sixth form colleges (22%) and at maintained schools (19%). There was relatively little difference in the type of education attended by 16 and 17 year olds. A meagerly higher proportion of 17 year olds attended further education colleges at the expense of maintained schools.18 Trends in participation by broad status are summarised in the table at the end of this section. In the early 1950s (when the school leaving age was 15) fewer than one in five 16 year olds and fewer than one in ten 17 year olds were in full time education in England and Wales.Immediately before the leaving age was increase to 16 (1972) these figures had increased to around one in three 16 year olds and one in six 17 year olds. The 16 year olds participation rate reached 50% in the mid 1970s the 17 year olds rate reached this direct in the early 1990s. 19 At the end of 2006 78% of 16 year olds and 65% of 17 year olds were in full time education in England. 20 Both were testify highs. 18 19 20.DCSF SFR 22/2007, Participation in Education, Training and Employment by 16-18 Year Olds in England 2005 and 2006 and Participation in Education and Training by 16 and 17 Year Olds in each Local Area in England 2004 and 2005 Statistics of Education 1962 part one, Ministry of Education Education and training statistics for the United outlying(prenominal)ming 2006 and earlier, DfES DCSF SFR 22/2007F 9 RESEARCH PAPER 07/87.a. 16 and 17 year olds not in education or training The earlier table showed that there were an estimated 190,000 16 and 17 year olds not in any education or training ( electronic network), 106,000 of whom were not in work and hence not in any education, employment or training (NEET). The NEET rate among 16 and 17 year old males was 9. 5% compared to 6. 4% for females. 16 year olds had a lower NEET rate than 17 year olds (6. 5% v 9. 5%). Around 60% of those in the NEET category were classed as unemployed21, the rest were economically inactive.22 While there is a particular focus of attention on young people who are not in education, employment or training (the NEETs), the Bill proposes a duty on those in employment to participate in some training or education hence it is also relevant for the NETs. The latest similar sub-national data collected is for the end of 2005.This only looked at education and Work Based Learning (WBL) and showed that the total proportion of 16 and 17 year olds not in either category was low in London (16%), the South vitamin E (18%) and the South West (18%) and highe st in Yorkshire and the Humber (23%) and the East Midlands (21%). 23 more recent data from Connexions, which is not directly comparable, gives NEET rates at the end of 2006 which vary from 5. 6% in the South East and 6. 0% in the South West to 10. 5% in the North East and 9.2% in Yorkshire and the Humber. 24 b. Trends The table at the end this section summarises trends in NET and NEET rates. These are also illustrated in the charts below. 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% 1985 NET NEET 16 year olds 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% 1985 17 year olds NET NEET 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005 There was a break in the series in 1994 and there have been some recent more baby bird inconsistencies. However, some trends are clear. The NEET rate among 16 year olds fell in the early 1990s and increased steadily for much of the last decade to a high of 8.1% in 2005. The provisional snuff it to 6. 5% in 2006 takes it to its lowest take for almost a decade. The NET rate for 16 year olds fell by a larger amount in the late 1980s and 21 22 23 24 ILO definition of unemployment DCSF SFR 22/2007 ibid. NEET Statistics Quarterly Brief, DCSF 10 RESEARCH PAPER 07/87 early 1990s as there was a general shift from employment and WBL to full-time education. This rate increased from 9. 2% in 1994 to 14. 3% in 2001, but has since fallen to 10. 3% in 2006. The NEET rate among 17 year olds fell by around half between 1984 and 1994 to 7. 7%. This rate has increased more recently to 10. 9% in 2005 before decreaseping back to 9.5% in 2006. The NET rate fell from 44% in 1984 to below 20% in 1993 as there was a major shift from employment to full-time education. The scale of this was even greater than that seen among 16 year olds. The level of this rate increased from the late 1990s onwards to almost 22% before falling back to below 18% in 2006. Trends in education, employment and training status of 16 and 17 year olds in England Percentages (a)(b) 1985 Full-time education Work Based Learning Employer Funded Training (c) Other Education and Training Total Education and training Total Not in any education or training Of which also not in employment Notes 1990 51. 1 19. 1 7.5 3. 5 79. 7 20. 3 8. 0 1995 65. 6 11. 6 4. 0 4. 3 84. 7 15. 3 6. 7 2000 65. 6 9. 5 3. 7 4. 9 83. 5 16. 5 7. 1 2001 64. 8 8. 4 3. 9 5. 2 82. 1 17. 9 8. 4 2002 65. 4 7. 9 4. 0 5. 2 82. 4 17. 6 8. 2 2003 66. 0 8. 1 4. 1 5. 2 83. 2 16. 8 7. 7 2004 67. 2 7. 9 3. 8 4. 9 83. 6 16. 4 8. 3 2005 2006p 69. 2 7. 4 3. 5 4. 5 84. 5 15. 5 9. 5 71. 5 6. 8 3. 1 4. 4 85. 6 14. 4 8. 0 39. 7 16. 1 9. 2 4. 5 68. 2 31. 8 11. 0 There was a break in the series in 1994 due to changes in the source of further and higher education data. (a) Participation estimates may be slightly underestimated for 16 year olds between 1999 and 2000 and 17 year olds between 2000 and 2001.(b) There is a discontinuity from 2002 onwards whereby participation in additio nal institutions are included for the first time. This increases the full-time education rate by around 0. 1 points and the any education or training rate by around 0. 4 points (c) Includes other part-time education not included elsewhere and full- or part-time education in independent further or higher education institutions. Source Participation in Education, Training and Employment by 16-18 Year Olds in England 2005 and 2006 and Participation in Education and Training by 16 and 17 Year Olds in each Local Area in England 2004 and 2005, DCSF c.International comparison of enrolment in education 16 year old enrolment rate in secondary education, 2005100% 90% 80% 70% 60% 50% 40% 30% 20% 10% FRA GRE AUS SWE NOR KOR OST LUX passion barn ICE SWI 0% US POL SLO JAP UK ITA POR OECD MEX ESP CZ FIN NED DEN NZ TUR OECD data on enrolment by age look at the actual age of pupils/students, the rates compute are different from those given earlier. In 2005 94% of 16 year olds and 80% of 17 year ol ds were in secondary 25 education in the UK. The 16 year olds rate was three percentage points above the OECD median(a), the 17 year olds rate three points below.The UKs relative position is shown opposite. Source Education at a Glance 2007, OECD. Table C2. 3 25 This is based on the assessed academic level using international classification which at their highest level split education into primary, secondary and tertiary.It does not mean these pupils are in secondary schools. 11 GER HUN RESEARCH PAPER 07/87 Although the UKs participation rate for 16 year olds was above the OECD average it was still below that of most other countries as the average was skewed downwards by much lower levels in Turkey and Mexico.The UK ranked 18th out of 29 states included in the 16 year olds measure and 20th on the 17 year olds rate. 17 year old enrolment rate in secondary education, 2005 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% SLO 0% KOR HUN NOR CZ GER SWE BEL POL FIN JAP OST OECD POR GRE MEX DEN N ED TUR AUS ICE SWI ESP FRA LUX IRE NZ US UK Some of the countries ranked Source Education at a Glance 2007, OECD. Table C2.3 below the UK have relatively high enrolment rates in non-secondary education, 26 but direct comparisons cannot be made due to a lack of comparable data on enrolment on these types of education in the UK. 27 3. The green paper and the case for change The green paper, Raising Expectations staying in education and training post-16, described the perceived benefits to individuals and society of young people staying in education and training for longer.28 It proposed a detailed package of measures for consultation. These were summarised in the DfES press notice launching the green paper From 2013, young people should remain in education or training after 16 this means the first pupils to be affected would be those entering secondary school in September next year.Young people would be required to work towards accredited qualifications at school, in a college, or i n on the job training or day release Apprenticeships will be significantly expanded so that they are available to any qualified young person who wants one Participation should be full time for young people not in employment for a significant part of the week and part time for those working more than 20 arcminutes a weekBetter advice and guidance for young people to enable them to access the provision thats right for them A high quality, accurate registration system to keep track of the education options a young person has chosen and to make sure they dont drop out Building on the Education Maintenance Allowance we will consider new financial support measures to ensure young people from low income 26 27 28 Tertiary and post-secondary non-tertiary Education at a Glance 2007, OECD.Table C2. 3 Raising Expectations staying in education and training post-16, Cm 7065, March 2007 http//www. dfes. gov. uk/consultations/downloadableDocs/6965-DfESRaising%20Expectations%20Green%20Paper. pdf 12 ITA RESEARCH PAPER 07/87 backgrounds get the support they need to overcome any barriers to participation. To make sure the right provision is in place the new requirement would not be implemented until 2013 by which time the new Diplomas will be a National Entitlement.This will give young people a choice of A levels, GCSEs, the International Baccalaureate, the new Diplomas, Apprenticeships, and accredited in work training. Young people would be supported to re-engage if they drop out through integrated Youth Support Services. Any enforcement process would be used only as a last resort if a young person refused to re-engage. 29 Chapter 2 of the green paper set out the evidential basis for raising the education and training participation age. This referred to research showing that young people who stay on in education and training after 16 are more likely to gain further qualifications by 18 than those who go into employment without training or drop out altogether.Individuals with qualifications earn more than those without. In addition to higher wages, betterqualified individuals have meliorate employment prospects and an increased likelihood of receiving workplace training. There are also wider benefits associated with higher qualification levels, such as improved health and better social skills. The green paper noted evidence on the relationship between higher levels of skills and qualifications and economic performance and productivity. It highlighted evidence suggesting that up to one fifth of the UKs output per hour productivity gap with Germany and an eighth of the gap with France results from the UKs relatively poor skills.The green paper also noted the wider benefits to society from increased participation. It stated that those who participate are less likely to experience puerile pregnancy, be involved in crime or behave anti-socially. The green paper refers to a study that looked at Offender Index data between 1984 and 2001 which showed that an additional year of compulsory schooling decreases assurance rates for property crime, and that it has also been estimated that compulsory schooling lowers the likelihood of committing crime or going to prison. 30 The green paper went on to outline t e combination of measures taken so far to h encourage increased participation.These include changes to the 14 to 19 curriculum and the introduction of new specialist diplomas with an emphasis on applied and practical learning changes to the curriculum for 11 to 14 year olds to allow greater flexibility and personalisation of learning an expansion of work-based learning from September 2007 a September Guarantee of an claim of an appropriate learning place for every young person leaving school at 16 improvements in information, advice and guidance for young people to help them make choices and financial support through educational maintenance allowances.