The Advantages and Disadvantages of Motor Car

In today's world of hurrying the car becomes to be the most popular way of moving from one place to another. However, some people consider that using cars is harmful for the humanity. On the one hand, using such mean of transport is very comfortable and contribute to save people's time and energy. Moreover, workers are able to transfer some important things with the help of the car. Personally I think that it is unable to survive without transport system. Anyway, loads of people cannot imagine how to get home after a tiring working day without a car.On the other hand, using the car as the most popular mean of transport has a lot of disadvantages. Firstly, cars pollute surrounding atmosphere which is very harmful for human's health. Secondly, there is an enormous quantity of car crashes which causes death of the majority of participants. In the conclusion i should say that people are faced with a difficult choise between using cars or being in the big colony of those people, who are o ne hundred per cent convinced that the world would be much better off without cars.To sum up, everyone should make his own decision. So many men, so many mind. The car has been the most popular method of transport for many years. Driving a car one can avoid crowds,one can feel free in his car,one can listen to music. In winter we don't get cold thanks to heating and in summer thanks to air conditioning we don't feel hot. Contrary to public transport we don't have to worry about a bus being late. we can get into our car at the time we choose ourself and go anywhere we want. Using a car is comfortable,convenient and easier than using public transport.If we have a car we can travel whenever we want to,we are â€Å"free†,not confined by departure or arrival time of a train or a bus. Obviously,driving a car has also some disadvantages,such as buying and running a car needs a lot of money, even more for a good quality one that is not too old. There are a lot of things to pay for â €“ the car itself, fuel, parts , maintenance, repairs, insurance to cover the cost of crashes or theft, parking charges and toll roads and any tax or licensing fees charged by government.If two cars crash they can hurt the people inside or around them. When too many cars try to go the same way, traffic congestion slows them all. They can cause air pollution if too many are used in a small area like a city, and the combined pollution of the world's cars is thought to be partly to blame for climate change. To sum up, cars have many advantages and disadvantges. However, we should use a car in the goodway. Also we should not use a car always try to use another kinds of transport to make decrease for the air pollution.

Catcher in They Rey – Holdens Contradictory Views of the World

With close reference to pages 183-186 analyse Salinger’s use of language and structure, exploring Holden’s contradictory view of the world. On Page 183 Holden says ‘you could tell the two hot- shots I was with weren’t enjoying it too much. They stayed close as hell to me, and the one that didn’t talk at all practically was holding onto my sleeve’. Holden calls them ‘hot shots’ because they acted phony by bunking school and then lying about there being no school. (P182). Throughout the novel, Holden seems to have a problem with the whole idea of ‘phoniness’, yet at times, he himself acts phony.Holden considers movies to be extremely phony and criticises his brother because he moved to Hollywood. Holden emphasises his hatred for Hollywood and movies throughout the novel. Holden states his problem with phonies on page 184 when he says ‘I’d have this rule that nobody could do anything phony when they visited me. If anybody tried to do anything phony, they couldn’t stay’. He constantly demonstrates the idea that if people are ‘phony’ it’s a bad thing. We see this on pages 72/73 when he is talking about Ernie.He says that Ernie ‘is a terrific snob and he won’t hardly even talk to you unless you’re a big shot or a celebrity or something’. In this sentence, Holden implies that just because Ernie is good at playing the piano he thinks he can treat people badly, as if he is better than them. This seems to be Holden’s main dislike about ‘phoniness’, the fact that people act ‘phony’ because they think they are better than you. This is also shown on page 23 when Holden says that stradlater fixed himself up all the time because he was ‘madly in love with himself.He thought he was the handsomest guy in the whole of West Hemisphere’. He criticises Stradlater’s love for himself because h e sees this as an act of ‘phoniness’. While criticising people due to their ‘phoniness’ throughout the novel, Holden himself acts ‘phony’ on multiple occasions. On pages 48-52, when talking to Ernest Morrow’s mother, he pretends to be a completely different person to himself. He makes up a whole false persona in order to look better in front of Ernest’s mother. His false persona has a different name, and likes Ernest, even though Holden himself doesn’t have a high opinion of him.If somebody else were to do the same thing in front of Holden, he would undoubtedly call them ‘phony’. In chapter 17, when Holden goes on a date with Sally Hayes, he speaks just as posh as Sally does. This is shown when he says ‘swell to see you too’. Again, Holden is putting on a false persona in order for Sally to like him more. Throughout this whole chapter, Holden constantly criticises Sally on the way she speaks and ac ts, yet speaks and acts just like she does. By doing this, Holden is contradicting himself.He doesn’t seem to realise that he is acting just as ‘phony’ ads Sally is. Holden seems to act this way in front of most girls. I think he does this because he sees other guys acting the same way with girls and he naturally copies them because he doesn’t know how else to act. As a result, he contradicts himself often, but he just doesn’t realise this. On page 183, Holden states that the tomb was ‘so nice and peaceful’, yet he goes on to say that ‘you can’t find a place that’s nice and peaceful because there isn’t any’.Again, Holden is contradicting himself, but in a different way. He always seems to radically change his views based on little things. On page 184, he talks about his ideal future living in a cabin away from the world. When talking about how his family could visit him he says that he would let D. B. c ome and visit him for a while if he wanted ‘a nice, quiet place for his writing. ‘ Again he is contradicting himself because he is now saying that there is a place which is nice and peaceful, even though he previously stated that there isn't any.This is a clear example of Holden's unstable state of mind, because he doesn't remember what he previously says and he doesn't seem to have any set views as he is always contradicting himself. Loneliness is a key theme in the novel, and it is represented through Holden's contradictions. On page 184, when talking about his ideal future living alone in a cabin, he says, ‘I'd ask them all to visit me sometime if they wanted to, but I wouldn't insist or anything. ‘ This basically shows Holden's desperation for any type of relationship.Although he wants his family to visit him and keep him company, he doesn't want to admit it and therefore acts like he would invite them round as a favour to them, when really, it would make him feel better. On page 186, Phoebe is angry at Holden and Holden gets upset and feels guilty. this shows that he actually cares for Phoebe, even though he would never admit it. He shows this often throughout the novel when he talks highly about her. This idea is also shown on pages 122-123. Holden is so desperate for company that he just contacts anyone he could think of in order to have company.Even though he criticises these people based on their ‘phoniness', he still wants their company. This reoccurs on page 134. Holden spends all that time criticising Luce, yet ends up practically begging him to stay with him because he is lonely. He even admits his loneliness to Luce . ‘I'm lonesome as hell, no kidding'. This happens a lot during the novel. In chapter 10, Holden meets three girls, who he refers to as ‘pretty ugly' and ‘the three witches'. He spends the majority of the chapter pretending to like them in order to have company, even though he constantly criticises them to us.He constantly complains to us about things that they do, yet at the end of the chapter on page 67 when they say they had to leave, he says that he ‘tried to get them to stick around for a while'. This scene links together the last two points that I mentioned. Holden doesn't actually like the girls, yet he pretends he does so that he can have company. He also creates this false persona that is interested in the three girls. In order to do this, he had to use techniques that he has learnt from other people, even though he describes these other people as ‘phony'.Because he so socially unable, he takes techniques from others. What he doesn't realise is that by using these techniques, he himself is being a ‘phony'. You could say that deep down he knows that he does this a lot, yet he doesn't want to admit it to himself. In conclusion I think that Holden is highly contradictory about everything due to his troubled and confused state of mind. I thin k this is caused by the changes they are taking place in his life, such as getting kicked out of schools a lot and not understanding sexual relationships/feelings.

The American Revolution

The American Revolution Women's lives began to change significantly with the American Revolution. Every war means more women taking charge during the absence and after the deaths of husbands and fathers, their active role in the war was very important. After the war, talk of rights raised issues of women's rights education. Religions also play an important role for women in the American Revolution. Women's roles were limited in the colonial times. Marriage and motherhood were the primary goals for women. They lost property and legal rights upon marriage; therefore, women were not expected to participate in the war. Despite their low positions in society, women did participate. One example was Pennsylvania Mary Hays McCauley carried water to troops in battle. When her husband fell at the battle, New Jersey, in 1778, she took his place. For this action, she receives a pension from the state of Pennsylvania for all the services rendered in the revolution war. On the home front, they sewed uniforms and knitted stockings for the soldiers. With their husbands away fighting, some women had to take over as weavers, carpenters, blacksmiths, or shipbuilders. Women had to adjust to be alone and to handling the day to day affairs of running a farm or managing a business in a husband’s absence. Their independence management proved to be one of their most significant roles in the revolution era. Dubois, E, C, Dumenil, L (2005). â€Å"Through women's eyes†, page 80- 84. The revolution affected the lives of Native American women. They gained some independence from their confining roles because of their efforts in the war and in maintaining their communities in the men’s prolonged absences. The necessity to improve education accelerated after the war, for practical and ideological reason. The American believed that a new republic needed an educated people. As the new nation began the long process of industrialization, this complex economy required to have better skills. Some critics disagree with the education for women since they believed that fully educated women would make them less feminine, but others agree that women needed for education was very important because of the vital roles in educating their children. The new thinking about the importance to educate women was very important; many different schools were design for middle class. They agree that education for women could help them to instruct their son in the principles of patriotism, could make a better home, better wife for a happy marriage. Some women became writers, missionaries and even teachers. Dubois, E, C, Dumenil, L (2005), page 95-96. For African American women, the revolution left a differently legacy. At the end of the war, many slaves were sold into slavery again. For some African American who had not joined the British, the most important legacy was the freedom. The ideological issue at the center of the revolution encourages some whites American to examine the institution of slavery. African American were active participants in the emancipation process. In 1781 Elizabeth Freeman petitioned a Massachusetts county court for her freedom. She suit, combined with several others. In others places like Vermont provide immediate emancipation. Still discrimination limited their opportunities. Most women work at jobs similar to those they had when they were salves. As they worked at their job and cared for the family, many free black women participated in building their church. These institutions were a source of strength and pride for the community. Dubois, E, C, Dumenil, L (2005), page 88-90. In addition to education, religion plays an important role in white women in the eighteen century. The Great Awakening established churches with different denomination like Methodist, Baptist and others. Women voices were heard in their churches, they also made their presence known by their physical manifestations of the spirit. Little by little women were able to speak openly in the churches. In the South the separate Baptist permitted women official roles appointing them as deaconesses and eldresses, their role in churches were very important. Throughout her life, she continued to exert considerable influence within her congregation. For African American religion also touched the lives of many women. Yet during and after the revolution, the Great Awakening had an impact on slave’s women lives. A few evangelical churches condemned the institution of slavery. In the eighteen-century evangelical churches, black women were not permitted to be preachers; they were able to create a sphere of influences and power for them. This role was very important in the nineteenth century when the majority of slaves had adopted Christianity. Dubois, E, C, Dumenil, L (2005), page 99-101 In conclusion, women contributed a great deal to the American Revolution. Their actions on the home front and on the battlefields relieved the men from the extra planning, mobilizing, and combating that they would have had to execute without the help of the women. This allowed the Continental Army to fully concentrate on defeating the British and acquiring sovereignty. America could not have been the powerful independent nation it is today without the service of the women. The truth is, women were fiercely active in the independence cause and made gains for themselves. Nguyen, T, A. â€Å"Women in revolution†. Women in the eighteen century have played an important role of ideology, work and sacrifice. Their roles help to expand more opportunities for a better future. Reference: Dubois, E, C (2005). Through women's eyes. Boston, NY: Bedford/ST. Martin. Nguyen, T, A. Women in revolution, from http://www. americanrevolution. org/nguyen. html The American Revolution The American Revolution was a period in American history that caused controversy even amongst the most dedicated Colonists. The question of whether or not America should free itself from British rule and become it’s own nation, independent of the Crown, was a major issue that came to the forefront in the late 1700's and it was during this time that the colonies were split into two very diverse groups: the Colonists who wished to create an independent American nation, and the Loyalists who wished to remain a part of Great Britain.The reasons for each were widely varied depending on the individual, but Edmund Burke is best known as one of the strongest supporters of reconciliation with Great Britain and the avoidance of war through political means and a meeting of the minds between Great Britain and its colonies in the New World that would one day become the United States of America.Edmund Burke was a leading member of the British Parliament who remained on the side of the colon ists in that he believed the British should try to work with the American colonists to create a better relationship, and these beliefs are seen within his writings from the period of time in American history that is known as the Revolutionary period.The works written by Burke in the 1770’s share a glimpse into the world and thoughts of the man, and give historians the ability to get a strong sense of this differing opinion on the Revolutionary War that existed at the time, as it is often the fight for independence that is mostly studied as our country did become an independent nation free of British rule, but men like Burke and his ideals were also prominent and that is why his writings are so important to the understanding of Revolutionary history.The viewpoint of Edmund Burke is best summed up as the hope for peace between Great Britain and its American colonies. He does not seem to believe that revolution is necessarily a sure thing for the American people and, in fact, ur ges against it. In his Speech to Parliament on March 22, 1775 Burke said, â€Å"My proposition is Peace† (Johnson 111). Burke did not feel that a war was the answer to the problems plaguing the American Colonies and their continuing struggle over taxation with Great Britain.He reminds the British that â€Å"America†¦ is an object well worth fighting for† but that war is not â€Å"the best way of gaining them† (Johnson 112). Within his speech on reconciliation, Burke mimics this opinion by claiming that the goal for the American colonies must be peace, and he explains this by saying, â€Å"It is peace sought in the spirit of peace, and laid in principles purely pacific (Burke)†.This clearly means that war was becoming a major issue on the minds of everyone in the American colonies and it was beginning to become a focal point of many important men, both loyalists and patriots. Burke’s solution is the exact opposite that which men such as George Washington and Thomas Jefferson were hoping for and worked towards, of course, because it meant that they would always be connected to Great Britain; however, Burke’s solution was meant to please both parties if put into practice.It appears, from his opinions stated in his speech on conciliation, that he saw value in not pursuing the types of taxation that the British government was seeking to impose on the Americans, because in doing so it was losing the support and loyalty of the American people. This clear fact meant that if Great Britain were to find a way to please the American people, they would not only benefit by keeping the revenues produced by the colonies, but also their loyalty and support that would only grow over time as the population across the ocean grew in size.Burke states in his defense of developing a relationship with their counterparts in American that would foster loyalty and love of the Crown, â€Å"It is the love of the people; it is their attachmen t to their government, from the sense of the deep stake they have in such a glorious institution, which gives you your army and your navy, and infuses into both that liberal obedience without which your army would be a base rabble, and your navy nothing but rotten timber(Burke).† In essence, without the fostering of good relations between Britain and her colonies, they would lose a chance at a peaceful and powerful ally in the New World that was growing each year.It seems that when Edmund Burke viewed the American colonists, he was not surprised at all by their conduct, because he recognized that â€Å"in this Character of the American, a love of Freedom is the predominating feature which marks and distinguishes the whole†, and goes on to say that, â€Å"This fierce spirit of Liberty is stronger in the English Colonies probably than in any other people of the earth and this from a great variety of powerful causes†¦Ã¢â‚¬  (Johnson 112).He also says, in his concili ation speech, that â€Å"the more ardently they love liberty, the more perfect will be their obedience. † He believes the two go together–liberty given to them would result in obedience to the Crown and the Empire. He is adamant that the Colonists are this way because they left England when the English were dedicated to freedom: â€Å"The Colonists emigrated from you when this part of your character was most predominant; and they took this bias and directions the moment they parted from your hands† (Johnson 112).He views the problem as being taxation, and seems to think that peace would be easy to obtain and war easily averted if not for the imposition of taxation on the American colonies. He believes that American revenue should not be ignored as important to the British Empire because it was financially beneficial to keep the American colonies underneath the umbrella of British rule for many various reason. Burke states, â€Å"Let us get an American revenue a s we have got an American empire. English privileges have made it all that it is; English privileges alone will make it all it can be (Burke).† By this he means that Americans want to be treated with the same respect and given the same privileges as their British counterparts, and therefore, if they treat them that way, war could be averted. It is obvious from the letter and speech written by Burke and quoted within this paper that the man was staunchly dedicated to the British Empire and the idea of conciliation, and it makes sense from his way of thinking because it would benefit both countries to give the colonies the benefits of being British while still retaining the good relations between the two.Yet, it was not to be and without men like the Founding Fathers who would urge for independence, America and Great Britain would certainly have just continued to have disagreements because the way of life developing across the ocean was vastly different from what existed in Engl and, and that would eventually have led to war, not over taxes, but over the desire to be masters of their own destiny. Works Cited Burke, Edmund. Burke's Speech on Conciliation with America. Project Guttenberg. Johnson, Michael P. Reading the American Past. Vol. 1. Bedford/St. Martin's, 2004. 108-114.

Employee Relations Essay Example | Topics and Well Written Essays - 3250 words - 2

Employee Relations - Essay Example Skills and competence are very critical as they assist in achieving performance benefits through focusing on commitment, involvement, and engagement. These relations are strategic in managing business risks and mostly emphasize on unionizing management and unions. Influence is also very important in developing interpersonal communications as it provides professional satisfaction with the ability to influence, negotiate and empower valuable information thus enhancing more ideas. In the above case study, there are various aspects that need to be addressed. To begin with there are external influences that currently impact on this organization and this will include the political aspects, economic aspects, social-cultural and technological aspects. The political aspects will relate to ways in which changes in government and government  policy influence this organization as a whole. According to the Health trust provider, the government policy has other health providers in the vicinity, due to the recession the government fiscal policy and the budget deficit is more than the usual stringent thus the health trust expects to suffer the real drop of 10% in the entire region this year. The health trust is therefore expected to increase the number of patients and to elevate service quality, efficiency and effectiveness for them to make the budget constrain meet targets (Daniels 2006, p. 157). There is also need to identify key structural changes in the world around them which affect demand and  supply  conditions for their products. This will involve the economic changes. The economy will be the number one change driver; this is because it brings the necessary conditions for change. The economy at the moment is in recession but it seems the organization can still cope with this situation.  

How does the regular exercise may help an individual in maintaining Essay

How does the regular exercise may help an individual in maintaining healthy body and mind - Essay Example People who participate in regular activity have less risk of developing many diseases such as diabetes, cancer, heart diseases and even stroke. According to Hardman and Stensel (2009), the ancient Greek physicians successfully established the tradition of maintaining positive health of a regimen that involves exercise and correct eating. Contrary to the modern world, people are using technology rather than eating healthy and taking part in physical activity. However, a few people work in places that involve little exercise. The responsibility of living a healthy lifestyle and encouraging others to do so should not only be done by concerned individuals, but the government as well (c3 collaborating for health, 2011). Participating in regular exercise has a number of benefits. Some of these benefits of regular exercise help in protecting individuals from developing high blood pressure, which can later lead to stroke. Physical exercise enhances heart muscles, lowers the levels of cholesterol to enhance the flow of blood. Exercise helps in extremely reducing the risk of heart diseases, regular exercise has also been linked to helping protect against the second type diabetes by enhancing the loss of weight, increase the insulin sensitivity for the person, and improve the cholesterol and blood sugar levels in the body. The chances of cancer, especially breast and colon cancer can also be reduced by participating in regular exercise. Physical exercise helps people to lose excessive weight. Regular activities can also enhance the memory of an individual. It reduces the risk of depression and ensures healthy lifestyles.

Queer Essay Example | Topics and Well Written Essays - 1250 words

Queer - Essay Example The most common being those of homophobia because the word queer means deviant sexual practices that are frowned upon by the society. It can also mean strange sexual characteristics ranging from being a hamerphrodite to having abnormal genitalia. When an individual is not a heterosexual as the society dictates, then that person is referred to as a queer for being a lesbian or gay. Those people who have changed from being female to being males or vice versa are also regarded as queers by the society. The society we live in chooses to assign the word queer to this group of persons because they do not conform to the accepted gender roles assigned to them by the community. Gender has been divided since time in memorial into two groups. According to Bornstein, â€Å"choice between two of something is not a choice, but rather the opportunity to subscribe to the value system which holds the two presented choices as mutually exclusive alternatives and our choice puts us into the system that perpetuates the binary† (Bornstein 101). Different cultures assert that we belong to either one of the two chosen genders without question. If a person chooses not to belong to any of the two, then they are branded as outcasts. Bornstein wonders if the bi-polar gender system were a group and if its members were following rules that they can neither question nor be capable of challenging making group become more like a cult (Bornstein 103). In this context, gender is made up to look like a club for the privileged where the members, exhibit patterns both structural and behavioral that are common to cults (Bornstein 103). In his book â€Å"The Trouble with the Normal†, Warner says â€Å"even after fifty years of resistance, loathing for queer sex, like loathing for gender non conformity remains powerful†(Warner 48). This illustrates the society’s unwillingness to accept those who do not practice what their culture dictates as normal, especially if they are t o be accepted under consideration of sex only. The lesbian and gay movement in America was expected to shed more light on sexuality, but it did not because according to Warner in his book it shows that even after these â€Å"queer† people declared their sexual orientation to the public, they did not get the reaction they expected from â€Å"straight† people as envisioned. The end to stigmatization that they were used to did not end, but it, in fact, escalated because the abuses and threats now had a defined target (Warner 50). In his book, Warner uses the term queer to stand for the sexual acts that gays and lesbians engage in, it is also used to represent those who are sexually oriented towards homosexuality. Queers are understood to be separate from the other part of the population, and their political rights activist movements advocate that they be considered under the minority or special group category. The society we live in makes it hard for these people to be as similated into the community and be perceived as normal because it needs a group to dominate, have power over and control. Even if, the gays and lesbian movements did not arise, the culture we practice has always had a way of isolating an element in a society that is portrayed as queer so that there can be something for the society to frown upon and discriminate. The culture we live in, designed gender in such a way that it would

Systemic paper review Essay Example | Topics and Well Written Essays - 1000 words

Systemic paper review - Essay Example The performance of nurses’ in the health care system of today is mainly centered on the quality care, which is mostly measured by outcomes of patients and the organizational goals achievement. The severe shortage of nurses has caused many units to be in a mode of crisis, which as a result of patient acuity increase, expectations of nursing work and technological advancement, is intensified. Job performance in general relates to the success of an organization. It is, however, not one person simply performing his or her work well because they feel like it. Performance is the behavior of an organization. In an environment of work where there are strains by changes in the organization and constraints in finances, managers and nurse leaders would still be accountable for the organization’s success. Behaviors of nursing leadership are found to influence the ability of nurses’ to surpass the expectation of their employers in meeting the goals of the organization. Furthermore, styles of leadership that support needs of staff have reduced burnout also, by nurses’ being influenced to perceive their environment of work as, instead of overwhelming, it being a challenge. The performance of nurses’ is directly associated with the outcome of patients, and styles of nursing leadership have an impact on the goals of the organization being met (MacGregor, et al 2010). Designed systematic review collecting evidence on the relationship between the performance of nurses and leadership from the perspective of the nurses to understand leadership roles in motivation performance has been carried out. It revealed that when confidence was expressed by the nurse leaders in the ability of their subordinates to perform at a level that was high, the nurses felt their performance empowered. This was because they felt important through freely making decisions and engaging or proposing without necessarily having

One Laptop per Child (innovation and creativity) Essay

One Laptop per Child (innovation and creativity) - Essay Example OPLC has reached great height but it still faces white-water rapid situation since it is not easy to get the funding to donate laptops to all needy students in Australia and other areas of the world. It is clear that the program mainly focuses on the higher grades in school while the lower classes do not receive any laptops. It is also not easy to ship the laptops because of cost and there are limitations to the number of schools that receive the laptops (Pearce, 2012). The internal force that may force the OLPC program to change is the software and hardware bugs that affect computers. Various problems face computers including viruses, hacking into the system, and their open source code could easily become a target. The external problem OLPC may face is shortage of funding that is needed to support the large production of these computers. Currently the laptop costs 400 US dollars that is high price since most people in developing countries live on less than a dollar a day. Maintaining the funding needed to support these families to sustain the laptops is a problem that the program may face (Pearce, 2012). The objective and mission of OLPC is geared towards empowering children especially from poor countries to learn by offering laptop to the young learners. This program has transformed the lives of many children in developing countries through strengthening of education standards. It is a way of ensuring that children understand the concept of self-expression and exploring new talents and experiences. Children are inquisitive and eager to learn but some countries do not have the resources necessary to quench their curiosity and therefore, the OLPC XO computer is the key to unlocking their potential. The laptop opens the door to the outside world through learning, studying, browsing, and calculating in various subjects. There is a lot of

Unit 6 Assessment professionalism Essay Example | Topics and Well Written Essays - 500 words

Unit 6 Assessment professionalism - Essay Example The person simply withdraws from the whole situation or sidesteps it. Compromising refers to when a person looks for a solution that works for both of the parties concerned in the conflict. It is sort of loose- loose situation where both parties cooperate and work together to get a solution. Accommodating means taking in the other party’s concerns more than your own. It has a higher level of cooperation than assertiveness and is a perfect style when the other party is an expert in the situation leading to the conflict. Collaborating is when both parties in conflict work jointly to tackle the situation and come up with the best resolution to the situation. This style has equal levels of cooperation and assertiveness. In most conflict management situations, I prefer the collaborating strategy of conflict management because it comes up with a resolution that is mutually satisfactory to both parties in a situation. This is a win-win situation. Collaborating is still the best style in my opinion especially when it involves a long-term relationship, and it means that the problem will be actually solved. Conflict management means preventing unproductive conflicts in the work place and addressing those conflicts that cannot be prevented (Raines, 2013). Burnout is a condition of emotional, psychological, and bodily fatigue caused by extreme and extended stress. It comes about when a person feels weighed down and incapable to meet regular demands. As the stress builds up, the levels of motivation and productivity reduce. It leads to distrust and indifference. Some of the signs of burn out I would be on the lookout for including frequent fatigue and feeling drained most of the time. This means that the person feels a lack of energy and feels emotionally and physically exhausted. Another sign is that the person has reduced concentration and higher levels of forgetfulness. This later leads to a point where your

Domestic violence Essay Example for Free

Domestic violence Essay I declare that this assessment is my own work, based on my own personal research/study . I also declare that this assessment, nor parts of it, has not been previously submitted for any other unit/module or course, and that I have not copied in part or whole or otherwise plagiarised the work of another student and/or persons. I have read the ACAP Student Plagiarism and Academic Misconduct Policy and understand its implications. Competency Assignments Task 2 – Case Study CHCDFV301A Recognise respond appropriately to domestic family violence CHCDFV402C Manage own professional development in responding to domestic family violence NOTE: Read the case study below. Answer the questions listed below in your own words using the case study as the basis for your answers. Do not work or share answers with other students in this course when completing this assignment task. Assignment task 2: Due – Sunday 2nd February 2014 Case study – (approx 1200-1500 words) Case study You are a student support counsellor in a university. Judy, a first-year student of Aboriginal descent, comes to see you as she is struggling with her studies and says that she would like to talk to you about whether university is right for her. As you talk with Judy she tells you that one of the reasons she is struggling to study and finish her assignments on time is that she has had to take on extra work in the evenings and weekends to support her brother, who has moved in with her since he lost his job a couple of months ago. Judy tells you that she is happy to support her brother financially until he gets back on his feet but that it is difficult as she now needs to work the extra hours, as well as looking after the house and cleaning up after her brother and his friends, who spend most nights drinking and smoking in the house. Judy expresses concern for her brother who she says is very stressed since he lost his job and easily irritable. She wants to talk to him about getting another job and doing his share around the house, but she is anxious about doing so because he can get very angry. You notice that Judy has a cut on her head and some bruising on her arms but when you ask her about it she dismisses it, saying that sometimes her brother ‘talks with his fists’ and that she’s fine. 1.Explain your responsibilities as the counsellor in this situation. We must support, believe her, be nonjudgmental, have empathy and be congruent with Judy. We must not make judgements. Judy needs to know that this is not her fault and that there is programs and ways to help not just her but her brother, and this can be done without the police and him being put in jail, as this is the preferred way of her culture. Judy must be told about where we stand on confidentiality and let her know that in certain circumstance the counsellor has a legal duty to report. We must know our limitations on how we can help and refer Judy to the right place. 2. What legal issues  could be present in this situation? It is a criminal offence in Australia to be violent. However we have a duty of care and confidentiality that also needs to be considered. It is important to talk to clients who are experiencing domestic violence before reporting (if possible) so they feel supported rather than judged, this reassure them that they are not responsible for the violence but the abuser is. If the person is in immediate danger you must report it. Your organisation may have protocols and policies that address domestic and family violence that you must follow. All counsellors should be aware of domestic and family violence policies, this should be easily accessible at work. 3. What interrelated issues are present in this situation? Judy feels that she has a duty to support her brother as this is expected of her. Judy’s brother being unemployed, cultural expectations, having loss of self-esteem, having her brother be financially dependent on her and her brother having a drug and alcohol dependency are all interrelated issues. 4. What criteria would you use to assess risk in this situation? The primary rule of assessment must be to believe her, and start intervention, states Walker (1984, as cited in James, 2008). I would also need to assess, the severity of the situation, the client’s current emotional state, immediate psychosocial and safety needs, level of client’s current coping skills and resources. I would need to listen, be supportive, reinforce her right to her personal power and if Judy is safe in her environment, I would also inform her of what options and support there is for her. 5. What strategies would you use to help Judy? I would reassure Judy that it is not her fault, I would not make judgements about her situation or judge her on decisions that she makes. I would need to listen to what Judy has to say, be supportive and reinforce her right to take control and make decisions for herself. Letting her know that she can feel free to talk about her abuse. I would let her know that she is not alone and that there are others that have been in the same situation as she is in. I would help her to make a safety plan that she can put into action if needed. I would give Judy phone numbers that she can ring when she needs  to. Helping Judy feel safe and letting her know that she is not alone, will reassure her. 6. What cultural issues may you need to consider when working with Judy? I would have to consider Judy’s aboriginal background and the fact they we were brought up differently. We have different beliefs and cultures. I would need to be sensitive to Judy’s needs and cultural differences. 7. How might your own values and beliefs impact on your ability to work with Judy? How might you overcome these? I would need to make sure that I was emotionally and qualified to help in this situation. I need to make sure that I put my own values aside and not make judgements of Judy. I have to recognise my own limitations and to know when this is impacting on the counselling sessions. Being aware of my own perspective of the situation helps me to recognise my own biases and values. I could overcome them by talking to my supervisor, this will benefit me and the client. If I could not overcome my own values and beliefs I must refer the client, as the client would not benefit having me as a counsellor. I have to take into account of the law and any changes to legislation. 8. What aspects of this situation might a counsellor be required to keep records of and/or report on? I would need to keep records of her name, address, what happened, when it happened and what steps were taken. I would need to keep records of anything that may be used in a legal situation. If any police/medical reports were made. I would need to keep records of all domestic violence situations that I have been told about. 9. What referral options might you consider for Judy? Some of the options for Judy is the domestic hotline, aboriginal liaison officer, mental health, Aboriginal Family Violence Prevention and Legal Service, drug and alcohol centre. I would find out if they have women’s patrols and sobering-up shelters in her area, as this would take into account her aboriginal background and remove her brother from the home without putting him in jail, I could also find out if there is a program that would help â€Å"heal† the offender. I would also advise Judy of Centrelink and the housing commission, as she and her brother may not be aware of the help that they could receive from them. I would give Judy a list of organisations who she could ring if she needed to. I would also speak to my supervisor.

Freedom of contract essay, types of contracts

Freedom of contract essay, types of contracts THE PRINCIPLE OF FREEDOM OF CONTRACT INDEX Summary †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 1 Introduction †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 3 Giving efficacy to a contract †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 5 The importance of good faith †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 5 Unconscionable bargains †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 6 Unreasonable conditions in the contract of insurance †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 7 ‘Subject to contract’ term †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 8 Exemption clause †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 9 Contract of sale of goods †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 9 Consumer protection †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 10 Standard form contracts †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 11 Exclusion clause †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 11 Penalty clause †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 13 Contract of agency †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 16 Tenancy law †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 17 Carriage of goods †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 18 Freedom of contract for players †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 19 Conclusion †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 19 References †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 20 List of case laws †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 20 Summary The premise for the principle of freedom of contract is that the parties could make agreements on a wide variety of subjects and choose those terms that they agree as convenient for the fulfilment of the contract. Court normally refrain from questioning the substance of bargains and would ensure only that the parties have observed appropriate formalities. The principle of freedom of contract is similar to the civil law rule of pacta sund servanda that has regulated the domestic, international and transnational commercial agreements. While interpreting the contract, the courts have to be objective because in the process of interpretation the courts should not create new contracts. Courts would seek to ascertain either what the parties intended or if this is not forthcoming from the terms of the contract then apply the test of how the words would be understood by a reasonable person. Thus contract law is a series of abstractions formed by individual autonomy and judicial deference. But the principle is not unfettered. The legislations limit the scope of contract for protecting social welfare and consumer protection statutes. This gave the courts scope to develop exceptions which is discussed in detail in this paper. Courts began to police the fairness of agreements, developing new doctrines like unconscionability that allowed them to intervene to protect parties with unequal bargaining power. The fact that the principle of freedom of contract continues to share the stage with competing principles should not be surprising. Law always reflects a community’s values and the continuing conflict in our societies between individual freedom and public control[1]. The conflict is unavoidable in a liberal democracy and the best approach is to make reasonable compromise after a case by case analysis. The nature of such compromises will keep changing as the society’s interests evolve leading to the liberal or restricted application of the principle. In this paper the principle of freedom of contract is examined on basis of the hypothesis that the theory of freedom of contract leads the courts to passively enforce the intentions of the parties. In reality, however, the law of contract gives the courts scope to use discretion and do what is fair and reasonable between the parties. However the paper does not conclude that the principle has been watered down by interference from the court of law but has only assisted in exceptional circumstances when the bargaining power of the parties are not the same or when unreasonable and unconscionable contracts are formed. It would be anomalous to conclude that the principle of freedom of contract is far removed from practice. In fact where commercial agreements are entered into by equally competent parties the court do not read anything more to the contract than what was intended by the parties while entering into the contract. The paper examines the principle from general contract law perspective and also analyses special contracts such as the contract of sale, insurance, carriage of goods and agency. Introduction The general principle of the contract law gives prominence to the concept of intention of parties when entering into a contract. This assumption leads to the development of the thought that the parties are individuals with reasoning and are free to enter into any form of contract so long as there is consensus. The intention of the parties is significant in determining whether there is consensus ad idem among the parties entering into the contract. The emphasis on the intention of the parties is logical where a term is implied in fact. Under common law any person is entitled to exercise any lawful trade subject to restraint of trade for public policy reasons. This doctrine extends to contracts restricting the way in which a tradesman carries on business on a piece of land, and to restraints imposed by the rules or practices of professional or other bodies controlling particular activities. In Petrofina (Great Britain) Ltd v Martin[2], it was held that the agreement which restricts the supply of motor fuel only to one particular supplier was valid because it did not affect public policy and parties have voluntarily entered into the contract. The doctrine of restraint of trade whether partial or general restraint, will be good only if they are reasonable and is within the circumscribed limits of the interest of the public, the covenantee and the covenantor. Any restriction upon the freedom of contract to which the restraint of trade doctrine applies must be shown to be reasonably necessary for the purpose of the free dom of trade.[3] A restraint reasonably necessary for the protection of the covenantee must prevail, unless some specific ground of public policy can be clearly established against it. In Russell v Amalgamated Society of Carpenters and Joiners[4] where the area from which the employers, not parties to the agreement, could obtain workmen was held unreasonably restricted. The principle of freedom of contract and the enforcement of contractual promises against the promisor arises out of the economic necessity of compelling observance of bargains and the moral justification that promise was freely given. The evolution of this principle can be traced back to the Slade’s case[5] where the action of assumpsit (where the essence of the undertaking was considered while interpreting commercial contracts) was applied. The action of assumpsit was abolished in the 19th century and left behind the principle of the freedom of contract which evolved over the years with some carve outs and exceptions. The courts still consider the principle of the freedom of contract vital but certain assumptions need to be fulfilled such as equality of bargaining power and legality of the contract. Also to some extent, the law has interfered with[6] or excused a party from literal performance of his promise. This is especially true when we consider the doctrine of frustratio n[7]. Nevertheless it remains generally true that the law of contract does not lay down rights and duties, but rather imposes a number of restrictions subject to which the parties may create by their contract such rights and duties as they wish. Much of the litigation is for determining the construction of the contract to determine what the promisor promised. The earliest case law on the freedom and sanctity of contract was in 1795 in Cutter v Powell where a seaman who was to be paid his wages after the end of a voyage died just a few days away from port. His widow was not able to recover any of his wages because he had not completed performance of his contractual obligation.[8] The civil law principle of pacta sund servanda means the promises and prior commitments must be fulfilled and is similar to the principle of freedom of contract. Pacts and clauses are law between the parties and imply that the non fulfillment of respective obligations is a breach of the pact. The role of the courts is minimal to balance the principle of freedom of contract and protect the weak contracting parties. Giving efficacy to a contract While giving efficacy to contracts, the courts have construed the intention of parties but the courts do not cross the line and create new contracts thereby giving any one of the contracting party a new advantage. A term is implied where it is necessary in the business sense to give efficacy to the contract. The well known tests for construing the contract are: the intention of the parties; or the test of a reasonable person. The intention of parties test bolsters the principle of freedom of contract as the courts would be enforcing obligations on parties as envisaged at the time of entering into the contract. However the second test i.e.: the reasonable person test somehow stands antithetical to the principle of freedom of contract. The test may find use under certain peculiar circumstances, reflecting implications in law. An implied warranty or a covenant in law, as distinguished from an express contract or warranty is really founded on the presumed intention of the parties, and upon reason. The implication which the law draws from what must obviously have been the intention of the parties is drawn with the object of giving efficacy to the transaction. The importance of good faith During the 19th century the English courts had a much more relaxed attitude towards the good faith and other elements of the contract, holding the freedom of contract principle as the sine qua non for parties to deal with the promises made. The courts now strike down agreements on the grounds of illegality, incapacity, mistake, duress, misrepresentation, implied terms, frustration and unfairness. Using the principles of equity, the courts have diminished the severity of the common law principle. The courts look beyond the form of the contract and look at the intention of the parties to construe a contract. According to Professor Summers[9], the American Restatement[10] bestows a general and residual duty of good faith contractual performance which may be enforced in the absence of any more specifically exigible contractual provision or statutory superimposition. But this argument is not without criticism. Without the backing of the good faith principle the principle of freedom of con tract would seem unfettered where the parties are free to write their own contracts and that the law does not have a role to import any terms or conditions other than those expressly agreed or necessarily implied by the parties. Unconscionable bargains The courts have time and again interfered with the terms of the contract even in the absence of duress or undue influence if the terms of the contract are harsh or unconscionable. It not just sufficient to establish that one party has a better bargaining power. It has been held in Burmah Oil Co v Bank of England[11] that equity will not intervene merely because one party has superior bargaining power. There should be some form of economic duress or unilateral mistake as to the terms of the contract. Under English law, relief is given to one, who without independent advice, enters into a contract on terms that are very unfair or transfers property for a consideration which is grossly inadequate, when his bargaining power is grievously impaired by reason of his own needs or brought to bear on him by or for the benefit of the other.[12] There were views based on the thesis that in order to interfere with the principle of freedom of contract on the grounds of unconscionable bargain, ther e should be statutory basis such in the case of unfair consumer trade practices, extortionate credit bargains, swinging exclusion clauses and unfair terms. But subsequent case law decided by the Court of Appeal suggests that the exception to the principle of freedom of contract to protect weaker contracting party (inequality of bargaining power) has survived.[13] The remedies available in respect of unconscionable bargains are subject to the same rules as applicable under undue influence that was laid down in Allcard v Skinner[14]. A party will not be granted relief against an agreement on the basis of unconscionable bargain unless he can show impropriety by the other party in the manner in which the agreement was reached and the terms of the agreement.[15] In Boustany v Pigott[16], the Privy Council laid down the following principle. It is not sufficient to attract the jurisdiction of equity to prove that the bargain is hard, unreasonable or foolish. The party claiming unconscionable bargain has to prove that the contract is unconscionable in the sense that one of the parties has imposed an objectionable term in a morally reprehensible manner that is to say in a manner which affects his conscience. Therefore unconscionable does not just reflect the terms of the bargain but looks at the behavior of the stronger party which may be tainted by moral culpability or impropriety. Unequal bargaining power or objectively unreasonable terms does not provide a basis for equitable interference in the absence of unconscientious or extortionate abuse of power. As a matter of fairness the strong should not be allowed to push the weak to the wall. Thus a contract cannot be set aside as an unconscionable bargain against a party who is not guilty of act ual or constructive fraud. Even if the terms of the contract are unfair in the sense that the contract favors one party more than the other party, equity will not provide any relief unless the beneficiary is guilty of unconscionable conduct. The party seeking the relief must establish unconscionable conduct viz. that unconscientious advantage has been taken resulting in a disabling condition or circumstance. Unreasonable conditions in the contract of insurance A stipulation in a policy may be capricious or unreasonable leading to non enforceability of a fundamental term of the contract. This view does not reconcile with the principle of freedom of contract under English law. This exception is however relevant when the contract terms concluded between an insurer and a consumer is unfair. A condition in an insurance policy which is contrary to public policy is unenforceable, for example a condition by which the insurers impliedly undertake to pay the insured’s personal representatives if the insured under a life policy kills himself while not mentally disordered.[17] But a condition that prevents the policy holder from joining military services is not against public policy i.e.: it cannot be considered that exclusion of cover to a person joining military services cannot be deterrence from performing national duty.[18] Where the conditions are such that it is impossible to perform the conditions from the outset then such conditions are simply disregarded as they are a nullity. ‘Subject to contract’ term ‘Subject to contract’ is a phrase which points to a prima facie evidence for declaring that a concluded contract does not exist. The circumstance in which the parties may enter into such agreement arises when all the terms have not yet been negotiated and agreed. This allows a huge scope for thorough negotiation among contracting parties. However when analyzing some of the case laws one gets an impression that the courts have at times entered into the realm of contracts and added new dimensions to the agreements. In Boyle v Lee[19], Finlay CJ (Hederman J concurring) and O’Flaherty J held that there was no concluded contract because the parties did not agree everything they thought essential. In Embourg case[20] it was held by a unanimous judgment that a contract stated in the documentation such as the estate agent’s and the solicitor’s letters as subject to contracts until the contract is exchanged between the parties and meant that no binding contra ct came into existence because no exchange was made. This was the view the court took despite the fact that both the parties had signed the copies of the formal contract drawn up by the vendor’s solicitors. However a more liberal view was taken in Moran v Oakley Park Developments Ltd[21] where it was held that contract will be enforceable under the doctrine of part performance if the court is satisfied that a concluded oral agreement has been reached between the parties to the contract. Therefore the phrase ‘subject to contract’ purports to deny the existence of the concluded contract and protects the parties in negotiations. The Law Reform Commission also considered the possibility of enforcing such agreements.[22] After examining the implications on the freedom of contract principle the Commission felt that if an agreement were to be enforced as soon as the price were agreed, there would have to be some mechanism for settling other terms. The Commission noted that the Working Group on Land Law and Conveyancing Law had failed to come up with a statutory set of conditions and that a court or arbitrator would be able to settle terms in simple cases only. Generally such phrases like ‘subject to contract’ are seen in contracts of sale. Exemption clause The contract of sale allows for contracting out of the implied terms by express provisions and this is recognized as valid under the Sale of Goods Act 1979. Most of the implied terms deal with the quality of the goods. Under the Sale of Goods Act there are implied terms relating to the title to the goods for the vendor, terms regarding quality and fitness, sale by description implies that the goods match the description and in cases of sale by sample the goods are to match with the sample examined by the purchaser. Under the Supply of Goods and Services Act 1982 there is implied terms relating to care and skill, time of performance and consideration. The habit of ousting the implied terms by express contractual provision had become a widely practiced technique at all levels of commerce, and had received a steadily growing impetus from the ubiquitous appearance of standard contracts on the economic scene. In fact restrictions preventing the use of exemption clause for contracting out of implied terms in a contract of sale can be seen only in cases of consumer sales. However attempts to contract out of the implied term with respect to the title of the property were held to be void in all contracts of sale. Thus a term excluding or restricting the seller’s liability for breach of any of the implied terms would not be enforceable to the extent that it is shown that it would not be fair or reasonable in the circumstance of the case to allow reliance on such terms. Contract of sale of goods The sale of goods is an important branch of the contract law which deals with the sale and purchase of movable assets and relies heavily on the principle of freedom of contract. The seller and buyer normally enter into a contract, oral or written for performing their respective obligations for the purpose of concluding the transaction of sale. The principle of freedom of contract was preserved by the Sale of Goods Act 1893 where it is expressly provided that any right, duty or liability arose under the contract of sale by implication of law could be negatived or varied by express agreement or by the course of dealing between the parties or by usage, if such usage can bind both the parties to the contract. This provision was retained in the subsequent Sale of Goods Act 1979. But the 1979 Act further limited the application of the principle of freedom of contract by subjecting it to the Unfair Contract Terms Act 1977 which limits the extent to which the parties to a contract may negati ve or vary the rights, duties and liabilities arising there from. This principle also finds place in the Supply of Goods and Services Act 1982. Consumer protection The concept of consumer protection gives a different twist to the principle of freedom of contract. Laws that attempted to enforce fair trading was formulated to protect an honest trader from other unfair competing traders. In a consumer level transaction there is significant difference in the bargaining positions of the buyer and the seller. There is no statutory definition for the term ‘consumer’ and in the European Union law the term ‘consumer’ is usually limited to any natural person[23], under English law the term ‘consumer’ is not limited to individuals under the Unfair Contract Terms Act 1977. Even the Consumer Protection Act 1987 contains no statutory definition of the term ‘consumer’. By virtue of the Unfair Terms in Consumer Contracts Regulation 1999, ‘consumer’ means any natural person who is acting for purposes which are outside his trade, business or profession. Standard form contracts The commercial organizations may normally have standard form contracts where the terms are already laid down and it is expected that the party contracting with the commercial organization has to enter into the standard form contract. In such a circumstance there is no scope for any form of negotiation and the principle of freedom of contract is has no application except to the extent that the party may exercise discretion to refuse to enter into the standard form contract. In many cases the standard form is formulated by the trade association or as laid down in the statute. These standard terms may further be circumscribed by the concept of public policy. To an extent the standard form of contract helps to save time and allocate risk appropriately in commercial transactions. Such contracts commonly have certain boiler plate provisions such as the clauses relating to arbitration, consideration, choice of laws, definitions, exclusions, force majeure etc. Since this arrangement affects free negotiability of the terms of the contract, standard forms are subject to the test of reasonableness and some exclusion clauses limited or abrogated. Exclusion clause The exclusion clause is found in a contract where the parties wish to exclude statutory provisions under certain circumstance. Even if the statute does not deal with the status of the exclusion clause, there is no general rule that the courts can interfere to prevent giving effect to the exclusion clause if there is nothing unreasonable or unconscionable. But such exclusion clauses cannot protect a person from his own frauds. Even though the courts do not have a general power to strike out exclusion clauses, the following are some of the situations where the courts of law felt that it was appropriate to interfere with the principle of freedom of contract. A contracting party seeking to rely on an exclusion clause to save himself from liability in contract or tort to the other contracting party must show that it was incorporated as a term of the contract, which usually involves the taking of reasonable steps to bring it to the notice of the other party.[24] Similar principles of incorporation of the terms of the contract apply to the exclusion by non-contractual disclaimer of tort liability.[25] An exclusion clause is to be construed strictly against the party who introduced it and seeks to rely on it[26] (the contra proferentum rule); Whether a clause amounts to an exclusion clause is a matter of substance and effect, so that a similar attitude is taken to indemnity clauses inserted for the same purpose.[27] There is no objection to the public policy grounds to excluding rights of set-off.[28] If an equitable remedy is sought, the discretion of the court cannot be fettered by a contractual provision.[29] Where there is a contract between A and B containing an exclusion clause, a third party, X, will not be allowed to shelter behind the clause in the absence of clear evidence that he is a party to the contract and that the clause was intended to protect him. Similarly the burden of an exclusion clause in such a contract will not generally be imposed on him. The courts may either seek to establish the effect of the contract as a whole, taking into account the exclusion clause in defining the obligations of the parties or the exclusion clause may be regarded as a defence, in which case the court might establish the prima facie ambit of the contractual obligation without the exclusion clause and then consider the effect of the exclusion clause on that prima facie liability.[30] The exclusion clause should be clear to give effect to and to deprive one of the contracting parties of all contractual force with respect to the stipulations in the contract.[31] The task of the courts has been to look at the event and the consequent breach in order to ascertain from the words and conduct of the parties which created the contract between them what their presumed intention was and what should be their legal rights and liabilities whether they should be either original or substituted upon the occurrence of an event of that kind. The basis for the interference to the principle of the freedom of contract is only to the extent of deriving the intention of the parties and determines what was actually excluded and what were retained. Penalty clause Under the law of equity, the contracting party is relieved from the penalty clause where the intention of the penalty is to secure the payment of a sum of money or the attainment of some other object, and when the event based on which the penalty is made payable can be adequately compensated by payment of interest or otherwise. The true ground of relief against penalties arises from the original intention of the parties in the case.[32] In Photo Production Ltd v Securicor Transport Ltd[33] it was held that an agreement must not impose upon the breaker of a primary obligation a general secondary obligation to pay to the other party a sum of money that is manifestly intended to be in excess of the amount which would fully compensate the other party for the loss sustained by him in consequence of the breach of the primary obligation. In Jones v Society of Lloyds[34], Lloyds devised a reconstruction and renewal settlement offer to provide financial assistance to Lloyd’s names in m eeting their accrued liabilities to Lloyds. The settlement included a ‘finality amount’ which was a sum, less than the amount owed by the name, that was required to be paid in order to discharge their liability to Lloyds and a clause in the agreement provided that if an accepting name failed to pay his finality payment then the settlement credits would be lost and he would, therefore, be required to pay the entirety of his liability. It was held that the mechanism was a reverse of the penalty clause and that it was a conditional benefit. Penalty clauses do not find favor before a court of law where it related to penalty in a money bond, payment of money by installments such as hire purchase agreements or for doing or omitting to do a particular act. There should be sufficient reasons for the court to interfere with the freedom of contract and will not generally, merely because a person has made an improvident contract, relieve him from its consequences[35]. The relief is granted only where compensation can be made for the breach. The power to strike down a penalty clause in a contract does not reconcile with the principle of freedom of contract and is designed for the sole purpose of providing relief against oppression for the party having to pay the stipulated sum. It has no application in the cases where there is no oppression.[36] Equity and common law allows interference where the contract is unconscionable or oppressive. Such circumstances arise as a result of : the degree of disproportion between the stipulated sum and the loss likely to be suffered by the plaintiff. This factor is relevant for determining the oppressiveness of the terms of the defendant. the nature of the relationship between the contracting parties. This factor is relevant for determining the unconscionability of the plaintiff’s conduct in seeking to enforce the penalty clause. Before such relief is granted, the courts have to ascertain whether the sum specified in the contract as payable in the event of breach of contract is a penalty or liquidated damages, that is whether at the time of entering into the contract the predominant contractual function of the provision was to deter a party from breaking the contract or to compensate the innocent party for the breach of contract.[37] In Nutting v Baldwin[38]

Photography Ideology Society

Photography Ideology Society For many years now sociologists, critics, and writers have been intrigued with the idea of photography and interested in the concept of ideology itself, as well as what ideologies have been or can be presented as using photography or visual representations. Both photography and ideology are strongly linked to sociological theories, philosophical theories and even psychological theories, but how is their relationship conceived? What has been discovered about how ideologies are presented within a photograph? And are they inevitable? Firstly when talking of the term photography, in disassembling it to its simplest form it is the process of recording pictures by capturing light on a light sensitive medium. This invention was believed to be extraordinary, as it was believed that there would be a bright future ahead of this invention based on the fact that moments could be captured in a single photograph. While photography goes far back to the 1820s, the word ideology was created and introduced by count Antoine Destutt de Tracy in the late 18th century. De Tracy defined his concept of ideology by simply stating that it is a science of ideas, it can be seen as a way of looking at things in terms of common sense or ideology in everyday society, through a normative thought process. The philosopher Michael Foucault wrote: ‘Ideology is a way of life for society In simple terms to define the word and to state that ideology was all around life in everyday society. Famous Sociologist and founder of Marxism, Karl Marx talked of ideology being an instrument of social reproduction in order for the elites to remain in control of masses, he states: ‘The ideas of the ruling class are in every epoch of the ruling ideas which is ruling material force of society as at the same time is ruling intellectual forces Marx Engels, (1845) Marx and Engels states that the ideologies of society that are everywhere come from the ruling classes (which refers to those with power i.e. ‘the bourgeoisie) that they believe submit ruling ideas from the ruling material force of society which also rules the main academic or intellectual force. This could be applied to photography and its relation to ideology, their theories suggest that Marx and Engels would argue that mainstream photography could be produced to represent ideological ideas in order to benefit the elites. Another significant sociologist, Louis Althusser, (1969) looked at ideology and stated that there was an ideological state apparatus, he wrote: ‘Ideology, always exists in an apparatus and its practice and practices, this existence is material This may suggest that in terms of photography according to Althusser it can be seen as an ideological practice, as photography can also be seen as a practice and our our values, desires and preferences are all part of what he calls the idealogical state apparatus. And in summary if a photographer is capturing our values, desires and preferences in photographs this must mean that what is being reflected are our idealogical values, desires and preferences. It was not until photography began to be related to social exploration that photography became a form that could be discussed in a socially theoretical manner and could be related to concepts of ideology, when ideologies began to be identified in early photographs of war. In the beginning the story of photography began with just its technology. Writer Eugenia Parry Janis cited in ‘History of photography: the state of research wrote: ‘The story of photography would be the history of its technique This continued and it wasnt until the 1930s that photography became thought of as art. The model of photographic history as the history of its technical refinement continued to the twentieth century, nationalist overtones were most obvious in the 20s and 30s, as French and then German historians rendered increasingly factorial and self-serving versions of photographys first hundred years states R. Douglas Nickel, (2001). Photography gradually became reflective of society, but in the 1980s and 90s photography associated with social history, cultural history and theory. This evidently came after the work of Marx Engels, Althusser or (Barthes specifically on the concepts of photography itself and its concern with ideology in particular. Marxs work was Based on the notion of ideology, specifically, the idea that photography is not a medium of mere class of imagery but a commodity subject to the invariable distortions and ‘False consciousness that Marxist theorists state characterise throughout the super structural products of bourgeoisie culture. Marx also states that ‘capitalism traffics in photography is taken as pure ideology, an empty vessel of conduct for transaction of power relations. He states that picture photography is unconsciously ideological. Photography and sociology in particular have always had a strong relation and one of the most profound theories around photography is its ideology or its visual culture. When talking of ideology in a photograph one is talking of its sociology or the sociological theory around it that sociologists and writers have followed and researched. Photography and sociology have approximately the same birth date, and are both considered similar in terms of their work exploring society writer Rosenblum cited in ‘Photography and sociology writes: ‘Different kinds of photographers work in different institutional settings and occupational communities, which effect their product as an essential setting in which sociologists work effects theirs Rosenblum, (1973) In working in a particular place or community with particular surroundings, the community around sociologists affect the work they produce and it is the same aspect for photographers, in photographing a certain concept they are producing a photograph that is subject to its environment therefore it is unavoidable that ideologies would be projected. Becker, (1974) elaborates on this aspect, he states that the constraints of settings in which photographers did their work affected how they went about it, their habits of seeing, the pictures they made and when looking at society what they saw, what they made of it and the way they presented their result. Photography is somewhat seen as an exploration of society like said before, it can be used to find the reality of ways of life or hide them, and most importantly reflect ideologies within society like many writers argue. However another use photographs can have is telling the News, this has become increasingly important over many years, as they are used as a social exploration through photographic news journalism. Marxists would argue that some pictures or drawings in the news would be used to submit ideologies one example of this is the famous war picture featured in news papers which was used to recruit soldiers and had a soldier on it stating ‘I want YOU for U.S army. This picture was used to persuade young men to join the army to form an ideological opposition to defend ones country. Photographic journalism was around as far back as the civil war as Mathieu Brody and Horan (1955) photographed it, it was also largely utilised by the 1960s during the civil rights movements. Today photographic journalism can be used to form certain political ideas a simple example of this would be using the numerous pictures of leaders such as George Bush or Gordon Brown looking professional and dressed in a suit, this would provoke ideologies of civilised and democratic leaders whilst showing a leader such as many pictures of the late Yassire Arafat in an unprofessional looking position wearing his traditional head scarf would provoke ideas of a less professional man. Another example of ideology used in photographic journalism today would be pictures of young and thin looking models on the front magazines such as ‘vogue or ‘cosmopolitan which expose the ideal way a young lady should look in todays society. It is argued that some photographs have been based on political ideologies, it is evident that photography has a strong relationship with the concept of ideology, since the sociology of photography was explored, writers such as Roland Barthes explored this specifically in his work on mythologies to be precise which I will later explore. Writer Hadjincolau, (1978) cited in ‘the theory of ideology: bringing the mind back in Sates that a visual ideology is presented with both instances or exemplars of the system of representation in use (individual pictures) and with explicitly formulated rules of the system for example drawing manuals. In talking of the way ideology effects society and its subjects or products, Roland Barthes, (1957) in mythologies wrote: ‘The whole of France is steeped in this anonymous ideology: our press, our cinema, our theatre, our popular literature, our ceremonies, our Justice, our diplomacy, our conversations, our remarks on the weather, the crimes we try, the wedding we are moved by, the cooking we dream of, the clothes we wear, everything, in our everyday life, contributes to the representation that the bourgeoisie makes for itself and for us of the relationships between man and the world. One obvious ideological photograph that Barthes writes about is one of French imperialism, it is one of a black bow wearing military garments and appearing to salute the French flag on the cover of a French magazine named ‘Paris Match. It attempts to represent an ideological image that shows a French unity based on serving under the French flag and under France despite the ethnic origin or that fact that boy may be from a French colony. Barthes writes about his interpretation of this image in particular he famously wrote: ‘I am at the barbers, and a copy of Paris-Match is offered to me. On the cover, a young Negro in a French uniform is saluting, with his eyes uplifted, probably fixed on a fold of the tricolour. All this is the meaning of the picture. But, whether naively or not, I see very well what it signifies to me: that France is a great Empire, that all her sons, without any colour discrimination, faithfully serve under her flag, and that there is no better answer to the detractors of an alleged colonialism than the zeal shown by this Negro in serving his so-called oppressors. I am therefore again faced with a greater semiological system: there is a signifier, itself already formed with a previous system (a black soldier is giving the French salute); there is a signified (it is here a purposeful mixture of Frenchness and militariness); finally, there is a presence of the signified through the signifier. This photographs critique is linked to the concept of realistic vs. idealistic when talking of its visual culture. Photographs such as this reflect the ideal that French powers would have ideally liked to reach ain the 1950s, however even in contemporary France these issues are still evident and are reflected within visual culture. There is still a fairly clear divide between the French by origin and those from current or previous colonies. Pictures like these are produced everyday even today and as Marx Engels, Althusser, and Foucault would argue, those in power use the mechanism of photography as a way of fabricating ideology through visual art forms. However from time to time films such as Mathieu Kossivitz ‘La Haine (1995) reveals the reality rather then the ideal of societies such as the French society. La Haine produces some documentary like visuals and photographs that depicts the reality of French societies which disassembles the ideologies in dealing with contemporary issues such as integration, social exclusion, unemployment, or inequalities through visual imagery. This film was so successful and reflective of French society that French politicians and then president Jack Chirac organised a special viewing of the film within parliament. In discussing this, these issues only confirm that what we see from a picture like the one on Paris Match is constructed of semiological systems that reveals signifieds that have already been framed, which shows a clear signified from a signifier according to Barthes. Barthes mythologies also states that ideological pictures like the Paris Match cover were a signifying function created by a sum of signs that resulted in a myth. Relative to the Paris Match photograph Stuart Hall (1997) cited in the article ‘Illustrate and critically discuss the way in which semioticains problematise the concepts of representation by Roderick Munday,Hall states that the minority groups, or what he describes as people who are different in any way from the norm are frequently exposed to what he calls â€Å"binary forms of representation†. Examples of these are as he states them/us, black/white, good/bad, and ugly/attractive. He also states that minority groups or people who are in any way different are also expected to be both contraries at the same time. This is applicable to the Paris Match photograph as for example he is wearing uniform usually typically representative of white French boys yet he is black. It can be seen as a continuation or reemphasis of the traditional sense of representation as symbolising an abstract idea. An example of this is the representation of black people, and the possibility of them being viewed as the representation of white peoples ideas about them. One example of this is cited in Roderick Mundays essay and is a photograph of Linford Christie after winning gold at a major competition as an athlete in Barcelona 1992. As a result of this picture the British press could only focus on him wearing a tight athletic running suit and the apparent size of his genitals. This was an influence of ideological ideas and perceptions that black men in particular had large genitals. The ideology that black men had large genitals had been formed over a long period of time; Antonio Gramsci would argue has become a hegemonic belief, which means a popular belief amongst the majority or a hegemonic and ideological belief. One may be subject to thinking that if ideological ideas can be made about a photograph such as this, it can be made about any other photograph. When looking at this picture, like Althusser states a major ideological state apparatuses which is the media choose to ignore, they opt to sideline other representations within the photograph and focus of an a racial ideology. This suggests that as this is included in mainstream media many would have been familiar with this article and this could have influenced their views. However postmodernist critics state that individuals are not extremely influenced and can identify their own views, they argue that individuals are not that dependant or taken advantage of. Despite this argument in conclusion the British media chose to ignore the fact that he is holding a British flag and the representation of it, or the fact that his body language reflects his success his power and success or appreciation for the supporting crowd. Other work done on this subject is that of writer kobena Mercer, Mercer studied photographs of Robert Mapplethorpe that revealed photographs of what appears to be genitals of black man and their particular emphasis on their large size. Mercer wrote: ‘Mapplethorpe is serving a colonial fantasy, the sexual idealisation of the racial other Mercer, (2002) One photograph that Mapplethorpe produced was one that revealed a black man in a workers suit, with emphasis to his genital area exposed, from this photograph one could assume that the ideal is that he has large genital before the fact that he is just a working man. Mercers critic of his photographs argues that rather then taking the black man as a person Mapplethorpe is feeding the racial ideal. Amongst famous ideological photographs is photographer Joe Rosenthals 1945 Iwo Jima flag-raising photograph of for American soldiers raising the American flag symbolising the ideology of American nationalism, American power, and American spirit. One could analyse this image in the way that Roland Barthes does in a systematic way to uncover its meaning and ideology. Roland Barthes ‘rhetoric of the image states that there are three messages we need to ‘skim off. The three messages include the linguistic code, the coded iconic message, and the non coded iconic message. He looks at these three messages when analysing the ‘Panzani advert. When looking at the flag raising picture the first message is not evident within the picture as the picture does not contain any text therefore we must continue to the second message, the coded iconic message, this message looks at coded aspects which enable us to immediately identify just the pure image or any unconscious messages that have iconic significance. When looking at the ‘discontinuous signs as the coded iconic messages in Rosenthals image as Barthes calls them, the first instance the image represents is the notion of four soldiers who were currently engaged in a battle that ended in victory. The euphoric values within this photograph are firstly the idea of fresh success in winning the battle and celebration that will occur prior to doing so. The signifier for the signifier is the raising of the flag, one of the other signifiers the second signifier is the American flag itself representing ‘americanicity rather then ‘italianicity as Barthes describes in the Panzani advert. Another signifier would be the uniforms of the soldiers which would signify the immediacy of being in a battle and the equality amongst the soldiers. The third message, the non-coded message involves just looking at the objects in the image and the messages without codes or as Barthes describes this as ‘The literal Message or describing the simple structure of the image and the objects. The obvious non-coded messages within this photograph would simply be the soldiers themselves raising the flag in unity, and the American flag it self. The image has been one of the most famous iconic American images in history and has been reproduced countless times on, postcards, stamps, frames, and posters. The image is the representation of an American ideal, and of the fighting spirit of its soldiers that American forces talk off often. It also indicates the ideal of American power and how strong America is. However one of the reasons why I chose this picture as many believe that Rosenthal must have posed the figures in the photograph stating that he had told the soldiers to re-enact the flag raising for a second time. Rosenthal stated that this was not the case as he had first missed the first flag raising by soldiers but then naturally captured the second raising of a larger flag. Weather these allegations were correct or not, this may indicate a possibility that this ideological image used photography to submit certain ‘un-conscious American ideologies and ideas of patriotism weather done naturally or not. We may conceive that photography is being used to accomplish certain ideologies from the relationship that photography has with ideology. Discussing photography throughout its time and its strong connection with sociology in exploring society, it is clear that there have always been social ideologies and that photography has always been linked to them in one way or another, whether promoting them or challenging them, they are still used today. In simple terms we may conceive that photography just reflects most of societys ideas. This therefore insinuates that we may conceive of the relationship between photography and ideology as inevitable, this is exemplified in Roland Barthes analysis of the photograph showing the Panzani advert in the ‘Rhetoric of the image whenHe states that the advert promotes ideals of what he describes is ‘italianicity or the perfectly balanced meal based on what Italians eat. Therefore I ask weather it is possible to develop a photograph without some ideologies as Barthes states in his work on Mythologies, ideologies are all around us; in cinema, News papers, magazines and even the weddings we go to or the clothes we wear. Certain ideologies within any given photograph may represent a different ideal. I argue that even the least typical ideological photograph is an ideal of the ‘un-ideological photograph, or the ideal of an image opposite to an image seen as ideological. Even a photograph of mountains of sand in the desert photographed by photographer by Ansel Adams provokes ideas of Arabian nights, an Arabic camel walking to the beat of its humps, or Arabic Saharan way of life. This may be because we un-consciously relate ideas that are already set out for us as such as media or education Althusser would argue. Therefore weather or not we choose to use typical of un-typical ideals within a photograph to benefit our society and teach our society in the right way is up to us. Bibliography 1, Kobena Mercer ‘Reading racial Fetishiam: the photographs of Robert Mapplethorpe in eds. Evans Hall (1999) Visual culture: he reader London: Sage, open university 2, Becker, H. S. (1974) Photography and Sociology. Studies in the Anthropology of Visual Communication 1, 3-26. 3, Paris Match French ideology, Google images www.google.com accessed: 03/04/08 4, Lewis, W. (2005) ‘Louis Althusser and the Traditions of French Marxism Lexington books, 2005 5, Marx and Engels: The German Ideology Part I: Feuerbach. Opposition of the Materialist and Idealist Outlook http://www.marxists.org/archive/marx/works/1845/german-ideology/ch01b.htm 6, Robert Mapplethorpe, Google images www.google.com accessed: 03/04/08 7, Joe Rosenthal: raising the flag, Google images www.google.com accessed: 04/04/ 8, Roland Barthes Rhetoric of the image in ed Wells, L (2003) The photography reader London, New York: Routledge 9, Barthes, Roland, Mythologies, London: Vintage, 2000 10, Trevor Pateman, ‘The Theory of Ideology: Bringing the Mind Back In http://www.selectedworks.co.uk/theoryideology.html accessed:02/04/08 11, Linford Christie: Google image www.google.com accessed: 04/04/08 12, Hall, Stuart (Editor) Representation: Cultural Representations and Signifying Practices, London; Sage Publications, 1997 13, Roderick Munday ‘Illustrate and critically discuss the ways in which semioticians problematise the concept of representation. http://www.aber.ac.uk/media/Students/ram0207.html accessed: 04/04/08 14, photography: http://en.wikipedia.org/wiki/Photography accessed: 03/04/08 15, Roland Barthes: http://en.wikipedia.org/wiki/Roland_Barthes accessed: 03/04/08 16, Berger, John, Ways of Seeing, Hardmondsworth: Penguin Books Ltd., 1972 17, Roland Barthes, Panzani Advert: www.google.com accessed: 02/04/08 18, Ansel Adams gallery, http://www.anseladams.com/ansel-adams-photography.html accessed: 04/04/08

Ancient Mayan Civilization :: Pre-Columbian History Culture

Ancient Mayan Civilization The Ancient Mayan Civilization was built upon a rigid social structure based on their religious beliefs. They used a caste social structure in which divisions were based on wealth, inherited rank, privilege, profession, or occupation. Their beliefs were based on the fact that nature elements had the power to either help or harm. The Ancient Mayans used their social structure and beliefs to shape their daily lives. The Maya were a very religious people. They believed in many gods. All events centred around their religious beliefs. They wanted to stay in favour with the gods. In their belief system, the gods would bring the rain, heal the sick, bring plentiful harvests, and ensure the health and safety of the people if they were honoured. If the gods were angry, they would send drought, famine and disaster to the people. In order to keep the gods happy, they believed that a daily sacrifice of blood was necessary. They would open a wound and let the blood drip onto a paper. The paper would then be burned in an offering to the gods. It was believed that the priests could see the spirits in the smoke.Kings would also give blood offerings, which would please the gods. The Maya had a strong belief in the afterlife. When a king or nobleman died, the Maya people believed that he became one with the gods and would go to live in the sky with them. The Maya worshipped their ancestors as if they were gods. The dead were buried with food, tools, clothing, and whatever would be needed for their journey. Tombs were built to bury their rulers, and sacrifices and special funeral rituals were performed there. Religion was used to explain natural forces that organized the cosmos into an ordered place. Its ideological function was to comfort individuals, unify the society, justify wars, and to demonstrate the authority of ruling elites. At the top of the society were the ruler, k'ul ahau, his family, their retainers, courtiers, and priests. Others, including the most skilled and influential architects, merchants, and craftsmen were also part of the noble elite, providing their skills were useful to the ruler. In both the priesthood and the ruling class, nepotism was the prevailing system under which new members were chosen.Primogeniture was the form under which new kings were chosen as the king passed down his position to his son.