Wednesday, December 25, 2019

The Transition From Drilling On Shore - 1915 Words

Overview This project is dealing with the transition from drilling on-shore to more difficult tasks that companies are taking upon them with drilling off-shore into shallow and deep water. Since drilling for easy oil has depleted, companies are pursuing sources for the heavy oil by moving to offshore drilling. The project was originally approved in 2014, but since the approval of the project oil prices have plunged more than 50% percent in 2015. XYZ’s Houston refinery is located on the Texas Gulf Coast and has a capacity of 200,000 bpd. It is capable of processing mix of light and heavy crudes. The company for years has been considering an expansion project for the Houston based refinery, which can provide the company with an advantage due to the favorable heavy crude prices and light oil from the Middle East. The expansion would be beneficial because bringing the heavy oil from Mexico and Venezuela have both low shipping cost and lesser travel distance to the refinery. The expansion project would also benefit from the Trans-Canadian pipeline when it’s completed which would bring heavy oil from the Oil Sands in Canada. Objective The Houston Refinery’s current configuration refines light crudes with some capacity to refine heavy crude oil. With the proposed expansion the objective is to increase the capacity for the heavier crude oil at the refinery, the heavy crude oil would be brought in by tankers from Mexico and off-loaded at the refinery docks and piped into theShow MoreRelatedOff Shore Drilling Outline1820 Words   |  8 PagesIntroduction Attention Getter: We all need our cars to get us from point a to point b but with the price of gas being so high, many people ride the bus or train to save themselves from shelling out money at the pump. Spending money is an emotional process for most working class citizens, especially if it’s something that we need daily but alas we don’t have a choice. We will always have places to be in life, but if only gas were less expensive, commuting wouldn’t be as taxing on our wallets. InvolveRead MoreRhetorical Analysis on Energy Disaster1068 Words   |  5 PagesDana Trimmer Rhetorical Analysis In Michael T. Klare’s â€Å"The Coming Era of Energy Disasters,† he seems to focus on the major risks off shore drilling the causes and the effect on the environment. The overall argument conveys that unless the oil industry and the consumer take an alternative route to dangerous oil drilling â€Å"more such calamities are destined to occur† (Klare 1). Klare is very vocal in criticizing of the BP executives concerning the Deepwater Horizon disaster. He proceedsRead MoreBp : The Third Largest Energy Company Essay1547 Words   |  7 Pagesoffshore drilling rig owned by Transocean. Built in 2001 in South Korea by Hyundai Heavy Industries the rig was leased to BP from 2001 until September 2013. On 20 April 2010, while drilling at the Macondo Prospect, an uncontrollable blowout caused an explosion on the rig that killed 11 crewmen and ignited a fireball. The fire was inextinguishable and, two days later, on April 22, the Horizon sank, leaving the well leaking at the seabed. On April 20, 2010, during the final phases of drilling the exploratoryRead MoreSwitching Of Solar Power : A Alternative Energy Choice1063 Words   |  5 PagesSWITCHING TO SOLAR POWER IS A HEATHIER ALTERNATIVE ENERGY CHOICE ENG101_wk10_assn1_tdorrbecker_06122016 The 2003 Northeast Blackout was a two-day nightmare that spanned from New York to Canada. This incredible event was not due to a storm, but computer and human error; affecting over fifty million people with estimated losses up to ten billion dollars and 11 deaths (Walsh, 2013)! A loss of power turns inconvenience into a life-changing event when food in the refrigerator spoils, public transportationRead MoreThe British Petroleum Oil Spill Essay2026 Words   |  9 Pagesthousand oil platforms that spread throughout the central planning area in the Gulf of Mexico with the majority of them no further than 50 miles away from the shores of Louisiana, Mississippi and Alabama. Across the shorelines is home to the wetlands, a paradise ecosystem for many species that live there. Much of it is inaccessible and untouched from human activity. In 2010 an event that caught the attention of almost everyone occurred. An explosion on the Deepwater Horizon oilrig that caused a hugeRead MoreAdvantages Of Off Shore Wind Power3162 Words   |  13 PagesExecutive summary: This report provides an overview on wind energy. The advantages of off shore wind power over onshore wind power. It also compares the cost of offshore wind farms over other renewable energy sources. The amount of greenhouse gases produced by off shore wind is low compared to coal fired power stations. The global overview suggests that wind power deployment is increasing over the year with Europe being the highest wind power generator. London array was taken as a case study whereRead MoreWind Energy : Wind Power3274 Words   |  14 Pagesclimate change mitigation, and economic benefits. Wind power is considered important due to its long-term strategy, since it uses natural energy and inexhaustible source of power. It is classified into two types: onshore and offshore wind energy. Off shore wind power refers to the installation and production of wind farms on water bodies such as seas and oceans. Onshore wind power refers to wind energy generated on land. Wind Energy is a renewable energy. The key features of these resources are: †¢ TheyRead MoreGlobal Warming And The United Arab Emirates1748 Words   |  7 Pages‘natural sustainability’. Designing for a sustainable future is no longer a choice but a necessity. The Gulf waters pose an ecological concern due to extensive offshore drilling, as well as the massive oil tanker and merchant shipping traffic, which constitute the life of the region. As development propels population growth along its shore and recreational tourism increases, the ecological well-being of the inter-tidal zones and their sea life need to be safeguarded. Global warming and the predicted riseRead MoreBe the Solution to Ocean Pollution Essay1975 Words   |  8 Pagesthe sight I had just witnessed. This experience made me want to counter this action and enhance the quality of the ocean. IV. Thesis: Today, I am going to talk to you about how water toxins, pollutants, and human impact affect the ocean. (Transition: A significant problem with water toxins and pollutants are the negative effect it has on the ocean water and the marine life.) BODY I. Need A. Some of the most common toxins and pollutants are in a destructive group called organochlorinesRead MoreConoco Phillips Strategic Management4842 Words   |  20 Pageshow the split of ConocoPhillips in the year 2012 has improved the company. Furthermore, how there new focus on the Upstream Operations (exploration and production) of the company is helping them establish a good market barrier to separate themselves from their competition. The research draws attention to ConocoPhillips exploration of sales on the onshore basins  of North America and other countries, their interest in new ways to develop clean energy, and their investment in new technology to extract

Tuesday, December 17, 2019

Henrik Ibsen s A Doll s House - 1648 Words

Set in late 19th century Norway, Henrik Ibsen’s A Doll’s House parallels the societal standards of the time, a patriarchal society. This resulting framework reinforces a strict social stratum that seeks to marginalize women and develop the rapport of superior to inferior. The drama presents an archetypical housewife named Nora Helmer who grows dissatisfied and disillusioned with her patronizing husband, Torvald. Content with the status quo of the time, Torvald embraces the schema of the â€Å"man’s role† in a marriage - interacting with Nora as her father would; his accomplishment of such an ideal is qualified through the quantifiable. Through indirect characterization, the theme of appearance v. reality, and a motif of beauty, Ibsen portrays†¦show more content†¦Well, well, you little rogue, I am sure you did not mean it in that way. Responding to a comment made by Nora, Torvald is in disbelief that she would ever assume she was at the helm to an y extent. This exemplifies the expectation of Nora to remain entirely submissive and compliant at all time. Torvald answers as if presenting an indubitable truth: obedience is not a choice, it is a requisite. Evidence of Torvald’s authoritarian personality is additionally presented when he states, â€Å"That is like a woman! But seriously, Nora, you know what I think about that. No debts, no borrowing. There can be no freedom or beauty about a home life that depends on borrowing and debt.†(Act 1: Page 3 of 94). He, in this instance, addresses the absolute harm that is the borrowing of money, attributing Nora’s lack of â€Å"common sense† to being a woman. Despite Nora’s compliance, Torvald still pinpoints Nora’s shortcomings – specifically, in the realm of expenses and finances. The didactic tone in this excerpt further exemplifies the role assumed by Torvald; to assume the role of a teacher/superior is to undermine the potential of a nother on the premises of ignorance. The presumed incapability of Nora is established by Torvald as if to justify his acts of subservience, as presented previously. As a result of these unrealistic expectations – Nora’s complete deference – Torvald is ultimately allowed to displace the source of his

Monday, December 9, 2019

Social Media Dilemmas in Employment Context †Free Samples

Question: Discuss about the Social Media Dilemmas in Employment Context. Answer: Introduction: On the facts here, the cashier who has been working for the company for 25 years have been concerned about the changes that were implemented within the company. She found the training to be difficult and stressful but was furious when she learnt about not including her for training as well. Although the employer has assured her that she will not have to attend the training as she is 64 years old and is about to retire which will also save little expenses of the company, the employee threatened to initiate legal action against the company. Employers are entitled to reorganize or manage the workplace as they deem fit, which includes the right to change business processes and introduce new and advanced technology of operation (Walsh 2015). If an employer orders to subject the employees to training, such order is justified. A refusal to abide by the order shall amount to insubordination under the Canadian Employment Law. However, if the employer persists to permit the employee to work despite such refusal from the employee, it shall not amount to insubordination. Employees who have been in an organization for a long time also requires job challenges and often the employers provide change in their job positions as per the changing needs, abilities and preferences of the employees (Canada 2018). Such employment opportunities to work in other position for a period shall enable them to learn new skills and receive appreciation from their colleagues as well. In this case, as an employer it was unlikely to state that the employee who has been serving the company for 25 years that she was not about to be sent for training on the ground that she would retire soon and would save a little expense of the company. However, considering the fact that she believed that training would be difficult and stressful for her, it would be appropriate for the employer to ensure that the cashier is provided with an alternate position that suffices her needs, preferences and ability. If any further training is required for the same, it must be assured to her that such training is not difficult and stressful for her. The reason for resorting to the stated solution is that the old workers usually tend to be loyal to the company if their efforts are appreciated. Training is an element of retention for all employees including the older workers as well and it supports success, as the employees are able to see themselves improving within the organization. The training will make the employee believe that the company appreciates her effort and wishes her to continue with the company. This might make change her mind from initiating any legal actions (Minken Employment Lawyers 2018). Senior Research Supervisor As per the facts, the researcher supposedly become addicted to social networking sites and spends most of his time on social media during his working hours. In order to obtain sufficient evidence against the employee, the employer wishes to monitor his work by installing software. The Personal Information Protection and Electronic Documents Act [PIPEDA] governs the privacy of employees that safeguards the information of employees from being subjected to scrutiny by the managers. In Canada, each province has its own legislations and employers are required to comply with the individual provincial rules. The issue in this case may be addressed by two ways. Firstly, background checks can be conducted during recruitment which though may seem to be invasion of privacy but such process is construed as a necessary ground of due diligence. Secondly, since employee monitoring has not become a common practice in Canada and is practiced by very less companies. However, in order to install software that will put the workplace under constant surveillance and recordings, the employers must disclose the fact to the employees of the organization. The employees should also be notified of the fact that the company may utilize such recordings or footages for safety or disciplinary purposes. In the landmark case of Jones v Tsige [2012], Ontario Court of Appeal upheld legal protection of the rights of the individuals from any unreasonable interference into their personal life. On the facts here, the most appropriate solution would be to inform the employees about the installation of the software for monitoring and surveillance and that such recordings or footages shall be used for disciplinary or safety purposes. As was held in the Joness case, the PIPEDA legislation has been enacted to safeguard the privacy of the individual and that any invasion of privacy shall result in legal proceedings, which wuld futher affect the reputation of the company as well. Hence, apart from abiding by the laws of the relevant provincial laws, it is appropriate to monitor the performance of the employee using technology by notifying them about the same. Vice President Operations In the given case scenario, the employee to be hired has left a major competitor of the present company and had to be offered significant incentive. The employee moved halfway across the country to join the present company and wishes to continue here until her retirement but the company promised to continue with her for minimum 5 years. Hence, an employment contract must be drafted that secures the position of the employers if the employee is not satisfied with the company or even after making changes in the contract. The employment contracts either can be indefinite duration employment contracts or fixed term employment contracts. Indefinite duration contracts can be entered into if the employment is one of continuous service and is intended to last for an indefinite period without any specified end to the relationship. The employer is required to serve termination notice. Fixed term employment contracts may be used if the employment relationship is intended to last for a definite time until the completion of the specific project. No termination notice need to be served as the employment ends with the completion of the project (Lam 2016). The employment contracts must include express or implied terms and conditions including the rights and obligations of the employers and the employees. It must include special considerations or promises that have been promised verbally prior to the joining of the company. The terms and conditions should not be illegal or unconscionable. In order to make any fundamental changes to an employment contract in terms of reduction in salary, geographical relocation or any significant changes in the roles and responsibilities of the employees, the employer must notify the employee about the same. The employer must obtain consent of the employees in writing and must include an exchange of valuable consideration such as monetary signing bonus etc to make the contract binding and legally enforceable. As was held in Wonko v Western Inventory Services Ltd.[2008], the employee may accept the change or reject the contract on constructive dismissal ground or reject the change and continue with previously established employment terms unless employer terminates the employee (Lam 2016). As per the Employment Standards Act, the employer may terminate the employee by providing adequate notice period or pay instead or the employer may accept that no fundamental changes were made in the contract and continue on existing terms. On the facts here, the most appropriate type of employment contract would be fixed-term contract if the company wishes to continue with her for 5 years as then no termination notice is required to be served as termination would come to an effect after completion of the project. In case of any amendment in the contract, the changes should be made after obtaining consent from the employee and the amended contract must include consideration or monetary benefit for signing and accepting the amended contract. It will make the contract valid and enforceable. This solution shall address the concerned issue as fixed term contracts are appropriate for contracts valid for definite period. The consent of the employee is required otherwise; she may reject the amended contract and initiate legal action on the grounds of constructive dismissal for making changes without her consent as was held in Wonkas case. Shipping and Receiving On the facts here, the employee is a good-performer but has only one complaint regarding her chronic lateness at work. However, the employer could not inform or warn her about her lateness as she remains very busy but he wishes to dismiss her on such ground. In Canada, several employers have attendance policies non-complying which may amount to serious breach of employees obligation towards the employer. In the absence of a formal attendance policy, even chronic lateness amounts to breach of employee obligations. An employer may dismiss an employee on the grounds of chronic lateness if such ground is established as a just cause of dismissal (Arnow-Richman 2014). To establish the ground to be a just cause, the employer must keep record of all the documents of warnings give to the employee regarding the matter as was held in Cardenas v Canada Dry Ltd [1985]. However, the dismissal shall amount to unjustified termination if the employer fails to undertake consistent and prompt action in the event of chronic lateness on part of the employees as was held in Cain v Rolufs Ltd [1998] O.J. No. 661 (Gen. Div). The court held that the employer tolerated the misconduct of the employee for a long time without providing adequate and consistent warning letters for the same. In this case, the appropriate solution would be to provide adequate and consistent warning letters to the employee notifying her about her chronic lateness. Since she had said that her reason for being late is her sickness, it would be better if the employer asked her to provide all medical prescriptions related to her sickness as it can be used as an evidence. If even after the warnings, the employee continues to remain late and fails to provide and adequate medical evidence, it would be a just cause to dismiss the employee on ground of lateness as was held in Cardenas case. However, the employer must keep a record of all the documents of warnings to use it as an evidence to prevent the dismissal from being held as unjustified as was observed in Cains case. Engineering Design The employee was promoted to Manager of the Product Development Lab based on his good performance. However, after being promoted he fails to carry out his responsibilities and is terrible with people, caused loss of 7 good employees and have resulted in deterioration in productivity and performance. The company faced three human rights complaints, and despite being constantly warned about his behavior even in writing, the employee does not change his behavior stating he is unable to deal with people properly. The company wishes to dismiss the employee. Under the Canadian Employment Law, an employer may dismiss an employee on the grounds of incompetency. Incompetence implies lack of ability to meet a required standard or lack of attentiveness or negligence of the employee. An employer must establish that termination on grounds of incompetency is a justified cause. The employer must establish that the employee has been provided with warnings and despite such warnings, the deficiency in the performance of the employee was severe and it was detrimental for the business. In Boulet v Federated Co-operatives Ltd [2001], it was held that the employer must establish that the deficiency in the performance of the employee was fault of the employee and was not beyond his control. Further, the employer must establish that an employer did not know that the employee did not have the required skill while recruiting the employee or transferred to perform such role. The dismissal was not based on any single incident of incompetence but some other form of willful misconduct that significantly enhanced the incompetency of the employee significantly (Bratton and Gold 2017). In this case, the employer may dismiss the employee on the ground of incompetency and establish it is a just cause by stating that the employee was provided with warnings in writing. Despite such warnings, though he fulfilled his responsibilities, but his other willful misconduct resulted in the loss of 7 employees and affected the productivity and performance of the company. The dismissal can be established as a just cause because the employee was promoted based on his performance and he was considered best at getting work done. Moreover, he spent most of his time in supervising and disciplining the employees and has affected the business, which amounts to incompetency to meet the required standard of which he was already notified as was held in Boulets case. References Arnow-Richman, R., 2014. Mainstreaming Employment Contract Law: The Common Law Case for Reasonable Notice of Termination.Fla. L. Rev.,66, p.1513. Boulet v Federated Co-operatives Ltd [2001] MBQB 174 Bratton, J. and Gold, J., 2017.Human resource management: theory and practice. Palgrave. Cain v Rolufs Ltd [1998] O.J. No. 661 (Gen. Div) Canada, E. (2018). Age-friendly workplaces: Promoting older worker participation - Canada.ca. [online] Canada.ca. Available at: https://www.canada.ca/en/employment-social-development/corporate/seniors/forum/older-worker-participation.html [Accessed 5 Apr. 2018]. Cardenas v Canada Dry Ltd [1985] O.J. No. 1724 (Dist. Ct.). employment law in Canada: provincially regulated employers. (2018). [ebook] Available at: https://www.mcmillan.ca/files/Employment%20Law%20in%20Canada%20-%20provincially%20regulated%20employers.pdf [Accessed 5 Apr. 2018]. Jones v Tsige [2012] 108 O.R. (3d) 241 ONCA 32 Lam, H., 2016. Social media dilemmas in the employment context.Employee Relations,38(3), pp.420-437. Minken Employment Lawyers. (2018). Employment Contracts Fundamentals in Canadian Law. [online] Available at: https://www.minkenemploymentlawyers.com/employment-law-issues/employment-contracts/ [Accessed 5 Apr. 2018]. Personal Information Protection and Electronic Documents Act [PIPEDA] Snell, S.A., Morris, S. and Bohlander, G.W., 2015.Managing human resources. Nelson Education. Walsh, D.J., 2015.Employment law for human resource practice. Nelson Education. Wonko v Western Inventory Services Ltd. [2008] ON CA 327

Sunday, December 1, 2019

Tender of Performance Essay Example

Tender of Performance Essay Parijat Mishra of BBA LLB (A), 1st Semester, under roll number 1282060, am highly grateful to my teachers Mr Puranjoy Ghosh and Ms Jinia Kundu for their untiring help and encouragement during the course of my project titled Tender Of Performance. I highly acknowledge, with deepest sense of gratitude and indebtedness, the coordination and support I received throughout the course of work. Thank You Parijat Mishra) Roll No. 1282060 Contents Sl. No| Topic| Page No. | 1| List of Abbreviations and Cases| 1| 2| Introduction| 2| 3| Significance of Tender Of Performance| 3| 4| Relevance in Indian Contract Law| 4| 5| Relevant Case Summaries| 5| 6| Conclusion| 6| 7| Bibliography| 7| List of Abbreviations and Cases No significant abbreviations have been used in this project. The list of cases referred in the project and some basic definitions are provided below. Cases referred (with citation) : * Startup v MacDonald (1843) 6 Mann amp; G 593 Planche v Colburn   [1831] EWHC KB J56 Kings Bench Division * Cutter v Powell [1795] EWHC KB J13 Definitions of some basic terms used (Extracted from the Indian Contract Act, 1872) : * Proposal :- When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal. * Promise : When a person to whom the proposal is made, signifies his assent thereto, the proposal is said to be accepted. A proposal, when a accepted, becomes a promise Promisee and Promisor : The person making the proposal is called the promisor, and the person accepting the proposal is called promisee * Contract : An agreement enforceable by law is a contract Introduction The phrase Tender Of Performance can be defined as follows An offer or attempt to do what is required under a contract or under the law. However, to completely understand the meaning and scope of the term, we require some more data and analysis. Firstly, we need t o understand the meaning of the word tender.It can be defined as an offer to do or perform an act which the party offering, is bound to perform to the party to whom the offer is made. Performance refers to the fulfilment or accomplishment of a promise, contract, or other obligation according to its terms. From the definitions mentioned above we can clearly infer that tender of performance refers to being ready to perform a contract. Performance can be actual as well as attempted. If one party offers to perform his promise under the contract, it is called tender of performance.In this project, the importance/significance of tender of performance and its relevance in Indian Contract Law will be observed. Additionally, we will be looking at some important cases which helped establish the principles of the given topic. Significance of Tender of Performance In almost all laws relating to contract, a valid tender of performance is equivalent to actual performance. So, it should be necess ary to properly establish what can be considered as tender of performance. Essential Requisites of a Valid Tender : 1. Unconditional The tender should be unconditional, i. e. made in accordance with the terms of the contract. There should be no new or conflicting conditions present. 2. Whole Obligation An offer to perform the promise in part will not be considered a valid tender. Apart from some exceptions (If tender in instalments is allowed in the contract), there has to be the whole obligation for a valid tender. 3. Made At a Proper Time And Place If any fixed time and place is mentioned in the contract, then the tender of performance has to be made at that time. If nothing such is mentioned, then the tender of performance must be done at a reasonable and proper place and time. . Made To The Proper Promisee The tender has to be made to the proper promisee. Tender made to an authorised agent would be valid but tender made to a stranger would obviously be invalid. 5. Reasonabl e Opportunity It should be provided to the promisee to inspect the quality and quantity of the type of goods agreed upon and to satisfy himself that they are according to the terms of the contract. Two more essentials can also be considered : 6. Person Giving Tender Must be Willing to Perform The person giving the tender must be willing and capable to perform the whole of what he was bound by the contract to do. . Tender Of Money Tender of money should always be made in the legal tender money and not in any other form If these essentials are fulfilled then one can safely conclude that a tender of performance has been made. Once the promisor makes a valid tender of performance, it is then for the promisee to accept the performance. If the tender of performance is rejected by the other party, the promisor is not responsible for non-performance and is entitled to sue the promise for breach of the contract.Relevance In Indian Contract Law The Indian Contract Act, 1872, recognises te nder of performance and its important role in Contract Law. Section 38 mentions situations when tender of performance is not accepted by the promisee. It states 38. Effect of refusal to accept offer of performance Where a promisor has made an offer of performance to the promisee, and the offer has not been accepted, the promisor is not responsible for non-performance, nor does he thereby lose his rights under the contract.Every such offer must fulfill the following conditions (1) it must be unconditional; (2) it must be made at a proper time and place, and under such circumstances that the person to whom it is made may have a reasonable opportunity of ascertaining that the person by whom it is been made is able and willing there and then to do the whole of what he is bound by his promise to do; (3) if the offer is an offer to deliver anything to the promisee, the promisee must have a reasonable opportunity of seeing that the thing offered is the thing which the promisor is bound b y his promise to deliver.An offer to one of several joint promisees has the same legal consequences as an offer to all of them. Section 38 basically implies that the promisor has the right, after such situation occurs, to terminate the contract and claim damages. The promisor can also still demand performance instead of termination. However, many commentators have stated that the promisees refusal of money as opposed to goods and services does not discharge the debtor from its obligation to pay. It is observed from the facts that the position of Indian Contract Law regarding tender of erformance is very similar to that of European Law and International Law principles. Relevant Case Summaries Many significant cases around the world helped shape the principles of performance and tender of performance. Some of them are mentioned below. 1. Startup v MacDonald A contract stated that 10 tons of oil were to be delivered to the defendant within the last 14 days of March. The claimant del ivered the oil at 8. 30pm Saturday March 31st. The defendant refused to accept the delivery because of the lateness of the hour. Held:The claimant had tendered performance within the agreed contractual period and was thus entitled to damages for non acceptance. 2. Planche v Colburn The claimant agreed to write a book on costume and armour for the defendant as part of a series called the Juvenile Library. The agreed contract price was ? 100 to be payable on completion. The claimant commenced writing and had completed a great deal of it when the defendant cancelled the series. The defendant refused to pay the claimant despite his undertaking and the fact that the claimant was still willing to complete. The claimant brought an action to enforce payment.Held: The claimant was entitled to recover ? 50 because the defendant had prevented the performance. 3. Cutter v Powell The claimants husband agreed by contract to act as a second mate on the ship the Governor Parry on a return voyage to Jamaica. The voyage was to take eight weeks and he was to be paid on completion. A term in the contract stated: Ten days after the ship Governor Parry, myself master, arrives at Liverpool, I promise to pay to Mr. T. Cutter the sum of thirty guineas, provided he proceeds, continues and does his duty as second mate in the said ship from hence to the port of Liverpool.Kingston, July 31st, 1793. Six weeks into the voyage the claimants husband died. The claimant sought to claim a sum to represent the six weeks work undertaken. Held: The wifes action failed. Payment was on condition that he worked the ship to Liverpool, since he did not fulfil this condition the widow was entitled to nothing. Conclusion Compared to other similar concepts in Contract Law, tender of performance cannot be considered as a huge and/or complicated idea. It is a simple theory which is followed universally almost in the exact same manner.It is simply an offer to perform, which has to be unconditional, and if re jected, can lead to termination of a contract. Someone with a basic grasp of Contract Law and its function would easily be able to understand this concept. It is very important to consider tender of performance as something equivalent to performance. This has both legal and moral reasons. Legally, one has to look at a situation from all possible angles. So, the principles regarding offer to perform should exist along with normal performance.From a moral viewpoint, it is observed that there may be a lot of problems faced by the society if only full performance of obligations is considered. It may lead to chaos, and fewer contracts being formed, which would break down society bit by bit. This view may sound alarmist, but it is firmly placed in logic. Therefore, in conclusion, tender of performance is a short but important aspect that should be taken into consideration while framing rules for contract formation. Bibliography * Books Referred 1. Arun Kumar, Mercantile Law (Atlantic Publ ishers amp; Dist, 01-Jan-2002) 2.Purnakam Dash, Business Regulatory Framework (Pearson Education India, 2012, First Edition) 3. Lars Meyer, Non-Performance and Remedies under International Contract Law Principles and Indian Contract Law, Peter Lang, 07-Dec-2010 * Websites Referenced 1. Juridical Dictionary (http://www. juridicaldictionary. com/Tender_of_performance. htm), accessed on 30/09/2012 2. Legal Dictionary The Free Dictionary (http://legal-dictionary. thefreedictionary. com/tender), accessed on 30/09/2012 3. Government Of India Online Business Resource (http://business. gov. n/legal_aspects/contract_law. php), accessed on 01/10/2012 4. Case Summaries from E-Law Resources (http://www. e-lawresources. co. uk/Discharge-through-performance. php), accessed on 01/10/2012 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * [ 1 ]. Juridical Dictionary (http://www. juridicaldictionary. com/Tender_of_performance. htm ) [ 2 ]. Legal Dictionary The Free Dictionary (http://legal-dictionary. thefreedictionary. com/tender) [ 3 ].Arun Kumar, Mercantile Law (Atlantic Publishers Dist, 01-Jan-2002), Pg 142 [ 4 ]. Purnakam Dash, Business Regulatory Framework (Pearson Education India, 2012, First Edition), Pg 40 [ 5 ]. Government Of India Online Business Resource (http://business. gov. in/legal_aspects/contract_law. php) [ 6 ]. Lars Meyer, Non-Performance and Remedies under International Contract Law Principles and Indian Contract Law, Peter Lang, 07-Dec-2010, Pg 64 [ 7 ]. E-Law Resources (http://www. e-lawresources. co. uk/Discharge-through-performance. php) [ 8 ]. (1843) 6 Mann G 593

Tuesday, November 26, 2019

Vietnam Post 1950 essays

Vietnam Post 1950 essays Describe and assess the role of the USA in Indo-China in the period 1945-1954 In 1943 President Roosevelt suggested that Indochina come under the control of four powers after the war, proposing that the eventual independence of the Indochinese might follow in twenty to thirty years time. No one knew whether the policy would require American troops, but America was firm on the fact that independence could not be taken by the Vietnamese, but would be granted to the Vietnamese by the Great Powers at their convenience. At the Yalta conference Roosevelt repeated his desire for a trusteeship but during March 1945 he considered the possibility of French restoration in return for their promise that independence would eventually occur. At the Potsdam Conference of July 1945, the issue of Indochina was resolved by authorizing the British takeover of the nation south of the 16th parallel and Chinese occupation north of it. This meant that the French, whom the British had supported since 1943, would return. This effectively made the USA responsible for the French reoccupation. USAs support for the French return to Indochina was logical, as this provided a way to stop the Communists from advancing in the East. By mid-August French officials were hinting that they would give the USA and Britain equal economic access to Indochina. At the end of August De Gaulle went to Washington, where the President told him that the United States was in favour of a French return to Indochina. Proof of this came in the form of financial aid. The USA worked with the Viet Minh who were led by Ho Chi Minh, during the final months of the war where they provided arms in exchange for information and assistance with downed pilots. They eventually came to know Minh and the other leaders. American military men who arrived in Hanoi during the first heady days of freedom were unanimous in believing that Ho ... is an old revolutionist ... a product o...

Friday, November 22, 2019

Koppen Climate Classification

Koppen Climate Classification Giving a talk some years ago at a convention of bankers in some remote resort in Arizona I showed the Koppen-Geiger map of world climates, and explained in very general terms what the colors represent. The corporation’s president was so taken by this map that he wanted it for his company’s annual report - it would be so useful, he said, in explaining to representatives posted overseas what they might experience in the way of climate and weather. He had, he said, never seen this map, or anything like it; of course he would have if he had taken an introductory geography course. Every textbook has a version of it... - Harm de Blij Various attempts have been made to classify the climates of the earth into climatic regions. One notable, yet ancient and misguided example is that of Aristotles Temperate, Torrid, and Frigid Zones. However, the 20th-century classification developed by German climatologist and amateur botanist Wladimir Koppen (1846-1940) continues to be the authoritative map of the world climates in use today. Origins of the Koppen System Introduced in 1928 as a wall map co-authored with student Rudolph Geiger, the Koppen system of classification was updated and modified by Koppen until his death. Since that time, it has been modified by several geographers. The most common modification of the KÃ ¶ppen system today is that of the late University of Wisconsin geographer Glen Trewartha. The modified Koppen classification uses six letters to divide the world into six major climate regions, based on average annual precipitation, average monthly precipitation, and average monthly temperature: A for Tropical HumidB for DryC for Mild Mid-LatitudeD for Severe Mid-LatitudeE for PolarH for Highland (this classification was added after KÃ ¶ppen created his system) Each category is further divided into sub-categories based on temperature and precipitation. For instance, the U.S. states located along the Gulf of Mexico are designated as Cfa. The C represents the mild mid-latitude category, the second letter f stands for the German word feucht or moist, and the third letter a indicates that the average temperature of the warmest month is above 72Â °F (22Â °C). Thus, Cfa gives us a good indication of the climate of this region, a mild mid-latitude climate with no dry season and a hot summer. Why the Koppen System Works While the Koppen system doesnt take such things as temperature extremes, average cloud cover, number of days with sunshine, or wind into account, its a good representation of our earths climate. With only 24 different subclassifications, grouped into the six categories, the system is easy to comprehend. Koppens system is simply a guide to the general climate of the regions of the planet, the borders do not represent instantaneous shifts in climate but are merely transition zones where climate, and especially weather, can fluctuate.

Thursday, November 21, 2019

Redefinition of Authorship and Ownership in Media and Cultural Essay

Redefinition of Authorship and Ownership in Media and Cultural Industries - Essay Example reader gives the consumers a chance at obtaining the books not from the authors, but from the tablet maker through the publisher (Hesmondhalgh, 2012, p. 21). Not long ago, when the first marketable tablet came out in the form of an iPad, the chief executive officer of Apple, Steve Jobs, convinced several publishers to market their books through this type of computer which he promised would revolutionize the reading industry. He was right to a large extent since tablet computers have since then taken over from books and the education sector in general. Other tablet makers, who majorly consist of the Android market, followed suit with their contracts with publishers. Other companies that specialized in publishing like Barnes and Noble, Kobo, and especially Amazon made a lot of contracts with publishers and specific authors to have their material sold through their platforms. The contracts between the authors, the publishers and the tablet makers are the focus of this paper. The contrac ts consisted of allowing the tablet makers to market the books from several publishers and owners in one place the tablet makers unanimously called a store so that consumers, instead of going to each individual publisher to get a given title, would only have to search for the same title in one place. The eBooks cost differently from their hardcover counterparts from this moment (Straubhaar, LaRose and Davenport, 2011, p. 78). While the hardcover copies were priced differently due to for example the contents of the book, the popularity among its readers or the effort spent in penning the given piece of work, the tablet and eBook reader makers sought to unify the prices of these books due to several reasons they gave among them the fact that the books had an almost similar value in their... This essay stresses that the main corporations in informational technology include media houses that concern themselves with the dissemination of news or other issues around the world. Such houses include Bloomberg, News Corporation and BBC among others. Others in this classification include film companies such as 20th Century Fox. Technological changes have seen a shift to most of the media houses being owned and controlled by either governments or powerful families. This paper makes a conclusion that the corporations that are owned by the governments in their countries of origin include the BBC and most media firms in China. The Chinese government controls most of the media content and has ownership rights to most of the media houses too. The BBC was founded and runs on funds from the taxpayers’ money. There are several reasons as to why a government can control or won a media house. Most reasons point to the issue so of costs which are deemed to be low due to the government’s participation. The seeking of information by private individuals would be an expensive task to undertake. Other reasons point to the freedom of the press as a result of government dissemination of the information about the goings-on in the country since it is in control of most of the happenings. This is in contrast to private companies which would serve the governing classes’ interest. The advent of technology has brought changes in this sector in ref erence to the types of information given out.

Tuesday, November 19, 2019

Death with dignity act Essay Example | Topics and Well Written Essays - 500 words

Death with dignity act - Essay Example One characteristic of terminally ill patients is excessive pain inflicted on the body by the disease. For instance, cancer patients have to undergo chemotherapy, which is a very painful process. Therefore, patients survive the pain by using strong painkillers that make them loose hair. Other than the pain, the patients lose their independence, sense of self, and failure of some of their systems (â€Å"Washington,† 2010). Therefore, legalizing PAS will go a long way to alleviate pain on patients who will eventually die anyway. Smith et al. suggests that PAS does not indicate a poorer end-life-care but love from the loved ones (Smith et al., 2011). The US government spends an enormous amount of money to treat terminally ill patients who in most cases are neglected by their loved ones and left to die. On average, end-of-life accounts for 10-12% of all healthcare spending. This includes hospice and home care spending amounting to $3.5 billion and $29 billion respectively (Raphael, 2001). Additionally, insurance does not cover end-of-life care, which rests a big economic burden on the government. As the population shifts to a bigger percentage of Americans in the age bracket of 65 years and above, there is need to legalize PAS law to do away with the increasing number of the terminally ill patients at will. Legalizing the bill on PAS will protect people who do not want to suffer lingering and painful deaths by prolonging their lives (UIC, N.d). Most terminally ill patients depend on life support machines such as respirators. Additionally, they have many medical problems including failure of some organs like the kidney. Thus, they require frequent dialysis (Washington, 2010). Therefore, they solely understand the extent of their pain thus the decision of their dying is personal. Legalizing PAS will empower patients to choose when and how they want to die. After all, judges have in the past

Sunday, November 17, 2019

English Coursework on Miller Essay Example for Free

English Coursework on Miller Essay Alfieris speech at the beginning begins by introducing a lot of concepts which are explored upon later in the play. He begins with a speech on lawyers and the distrust that originates from it, You see how uneasily they nod to me? Thats because I am a lawyer a lawyer means the law, and in Sicily the law has not been a friendly idea. We can see later in the play that both Eddie and Marcus turn to the law for help, but the law lets them down, You mean to tell me that theres no law that a guy which he aint right can go to work and marry a girl and. These two parts of the play link to show us that the law will often clash with loyalty, and when something interferes with loyalty, one often has to turn to the law for help; however, the law may often deal with the problems too severely. We can see this by the drastic action that Eddie has to take to remove Rodolpho from the scene. However, the idea of justice is introduced. It is possible to deduce that the law governing Italy is not the law that is written as we can see from what Alfieri says about justice Justice is very important here and what Marco says about the law, All the law is not in a book, later in the play. This may be suggesting through authorial intention that something greater governed Italy than the written law, which controlled justice in its own right. We can see throughout the play what this other law may be: loyalty. One of the first major mentions of a sense of loyalty begins with Eddie, And they spit on him in the street, his own father and his brothers. This suggests that the law is secondary to loyalty within a family, and if the law is acted upon when there is a problem in a family, the loyalty is broken and the one who broke it is punished in another way. This is a premonition of what happens to Eddie later on. Eddie speaks his own fate in this small anecdote, He was crazy after, I tell you that, boy. At the end of the play, after Eddie has broken his loyalty, we see him grow crazier as Beatrice confirms, Hes crazy now, you know the way they get, what good is it! and we see in the stage directions, He is incensing himself and little bits of laughter even escape him as his eyes are murderous. This completes the anecdote, and suggests that the play was futile from the beginning and an inevitable turn of events towards the end of the play, making the play a tragedy. This is reinforced by Alfieris beginning speech, in which he says, heard the same complaint and sat there as powerless as I, and watched it run its bloody course. This also shows Alfieris futile attempts to help the situation and the inevitable bloody course towards the ending. As well as demonstrating the anecdote, Eddie may also represent affectionate emotions between members of a family. It could be interpreted that Eddie feels a love for Catherine, Hi Eddie! [Eddie is pleased and therefore shy about it ] near the beginning of the play. Miller maybe exploring the effects of such forbidden love, as it were, on a marriage. We can see the effects on Beatrice, When am I gonna be a wife again, Eddie? as Eddie fights his possible love for Catherine within him. Eddie tries his best to suppress his other feelings until he has to warp the past in order to cope with his relations with Beatrice by putting the blame on her, I want my respect, Beatrice what I feel like doin in the bed and what I dont feel like doin. This suggests that Eddie does not want this unwanted love for Catherine as he attempts to change history to cover it up and put it behind him. Beatrice reacts differently however in her discussion with Catherine, If it was a prince came here for you it would be no different. This suggests she is fighting against Eddie to get Catherine out of the house so that her relationship with Eddie can return to normal. Along with Catherines love for Rodolpho, this can show that love for another person can overcome a strong attachment with another and break bonds to allow the love to flourish, in this case, Beatrice is severing the ties between Catherine and her home. However he also has trouble letting go of Catherine, Hes stealing from me! . This quote suggests that he sees Catherine as his own personal property and not a woman of her own right. This idea of owning Catherine is reinforced by the way he is unable to stop giving her orders even when he was trying to right their relationship, Suppose I told her to go out. This suggests that Eddie does not fully understand the situation and cannot ever be trusted to ever completely understand the freedom he has to give Catherine. To focus more on his relationship with Catherine, we can see a protection around Catherine and a wish to hold her down as a baby which is shown in the first scenes. I think its too short, aint it? Through this Miller may be suggesting that if the one a person loves changes, the other will strive to keep that person as how they were even though they can never return. There is, however, a tenderness when it comes to critisizing Catherine, Yeah, its nice. This shows he cannot bring himself to hurt Catherine at the beginning and only wishes for her to feel good. However Eddie may be loving a Catherine that no longer exists, and so he strives to hold Catherine down, Youre a baby, you dont understand these things,. This will in turn hurt Catherine as she is unable to be free whilst continuing her relationship with Eddie. We can see how Catherine reacts to these restrictions Eddie places on her. She is upset by his disapproval of her skirt, [almost in tears because he disapproves] which suggests she has great respect for Eddies opinions about her. As Eddie exerts his dominance over her,Listen, I could tell you things about Louis which you wouldnt wave to him no more and she tries to get out of it [trying to joke him out of his warning], we can see this as another premonition as how she tries to get away from Eddie later in the play. Beatrice poses the question in her mind, Look, honey, you wanna get married, or dont you wanna get married? of whether she should break the bonds and be free, or stay with Eddie and never become a woman. At this point, Catherine is unable to decide I dont know B. and these quotes show us that she has not broken away the ties between herself and Eddie. However later on, her love for Rodolpho and to live her own life overcome her love for Eddie, Hes a rat! He belongs in the sewer! . This suggests that throughout the play we have seen Catherine become a woman from being a child, and Miller might be telling us, through the dramatic changes in her affections, that becoming a woman from a child is a traumatic experience for many. From this Miller has introduced most of the main ideas in the rest of the play from the scene at the beginning. Because they have been set in motion from the beginning, and are carried through right to the end, we get more of the idea of inevitability and tragedy within the play. What is more, because they reach fruition right at the end, they remind us of a cyclic pattern in which we are reminded of the beginning of the play. This suggests to the audience that the whole event was futile as it will do nothing to help such situations in the future.

Thursday, November 14, 2019

Young Goodman Brown :: Literary Analysis, Hawthorne

In the story "Young Goodman Brown", Nathaniel Hawthorne uses a dream to illustrate a young man’s loss of innocence, understanding of religion and his community. Through this dream, the main character Young Goodman realizes that the people that he surrounds himself with are not who he believes them to be. The story of â€Å"Young Goodman Brown† focuses on the unconscious mind. The characters in this short-story are able to represent the struggle of Young Goodman’s superego, ego, and id. Representing the superego is Young Goodman’s wife Faith. Her name becomes a multi-layered metaphor. Hawthorne writes, "And Faith, as the wife was aptly named, thrust her own pretty head into the street, letting the wind play with the pink ribbons on her caps while she called to Goodman Brown" (Kelly, 190). This statement suggests that Brown's wife’s name is symbolic. Faith is condensed to represent innocence, the Puritan religion and Brown’s consciousness. Since, young girls are often equated with pink. The pink ribbons in her hair serve to symbolize her innocence. When Brown meets the man in the woods he says, "Faith kept me back awhile" (Kelly, 191). In this case Faith represents the Puritan religion. The next character is Young Goodman Brown himself. His name also becomes a multilayered metaphor. Being known as â€Å"young† represents Goodman Browns innocence and virtue. He is also condensed to represent his own consciousness. But, by leaving his wife, Faith, Young Goodman Brown is giving into the unconscious. "He had taken a dreary road, darkened by all the gloomiest trees of the forest, which barely stood aside to let the narrow path creep through, and closed immediately behind" (Kelly, 191). Taking this path that closes behind him represents Young Goodman’s decent into the unconscious and his loss of innocence. On this journey he soon meets a man who is a condensation of several different factors. The man represents the devil, as well as Brown unconscious mind. The next character is the man who Brown meets up with in the woods. This man is described as, "one who knew the world, and who would not have felt abashed at the governor's dinner table or in King William's court" (Kelly, 191). This man can be seen as the devil. He possesses features that illustrate him as the devil. For example his walking staff is described as having "the likeness of a great black snake, so curiously wrought that it might almost be seen to twist and wriggle itself like a living serpent" (Kelly, 191-192).

Tuesday, November 12, 2019

Childcare and Education Essay

B) Evaluate the role of play in meeting the meeting the individual needs of children who are ill Role play is one way in which you can meet the individual needs of children who are ill as it allows the children to freely express themselves and their feelings without the worry of being told what to do and how to do it in a safe environment free from harm an example from one of my day nursery placements was when the room supervisor had the role play area changed to a doctors surgery because quite a lot of children where ill with the chickenpox, so that they weren’t worried about going to the doctors and could act out different scenarios with their friends. Role play is very adaptable and can be changed to meet each individual child’s specific needs an example would be if one of the children in the practitioners care had to go through very serious treatment at the hospital then the practitioner would change the role play area to a mock hospital set up so that the child can express themselves and find out information on what going to hospital is like and for them to be able to explain to their friends what is going on with themselves. Child-led activities and Adult-led activities are another way in which the practitioner can meet the individual needs of a child who is ill, this type of activity allows the child who is ill some control on what their role is in the activity and how they go about completing that role throughout the activity an example from my current primary school placement would be when we did a science experiment on materials. The teacher explained what the children needed to do and showed them a visual demonstration, then the children split into groups of three on separate tables about the classroom. The children then following what the teacher had said carried out the experiment with the different roles split between themselves. One would record the information and draw around the surface splat, another would be dropping the plasticine and the last one would be holding the three different length rulers. Observation and planning helps in meeting the needs of a child who is ill because as a practitioner it allows them to be able to see where the child needs further assistance and for the practitioner to plan the further assistance.

Saturday, November 9, 2019

Culture diversity Essay

Increasingly today, people come into regular contact with individuals from different cultures and it’s important to learn to talk with people who may not share a common language, background, and/or worldview. Each of us participates in at least one culture, and most of us are products of several cultures Being aware of our own culture and background is really important as it helps us understand how we are shaped by what we have experienced. Even within cultures, we all have different attitudes and beliefs based on our experiences and this will impact on the way we relate to people both professionally and in our personal life. Learning to value diversity, to become conscious of our ways of relating to each other and their ways of relating to us, does not come easily to most of us nor is it something that can be imposed from the outside. In Valuing Relationship (1995), Lewis Brown Griggs sums the interrelationship of knowing ourselves and building relationship with others as follows: â€Å"Knowing myself is what allows me to know, understand, and value the diversity of others so that I can build trust with them. With more trust comes the ability to communicate more clearly, to problem solve and network more effectively, and to realize the value of synergistic relationships and productive interdependency. Together, investing in my relationship with myself and enhancing my relationship with others are important insurance policies against lost opportunities.† (page 210) Griggs, L. B. (1995). Valuing Relationship: The Heart of Valuing Diversity. In L. B. Griggs & L. L. Louw (Eds.), Valuing Diversity: New Tools for a New Reality. McGraw Hill, Inc: New York.

Thursday, November 7, 2019

Free Essays on September 1 1939

, to be the positive hope. This poem was widely circulated on the internet after September 11, 2001 mainly because it discusses hope and the important of love in hard times. This poem helped so many people coupe with their pain. People may have related this poem to the tragic events of September 11 because of lines four to eleven, â€Å"As the clever hopes expire/ of a low dishonest decade: / waves of anger and fear / circulate over the bright / and darkened lands of the earth, / obsessing our private lives; / The unmentionable odour of death / Offends the September night.† These lines brought about a sense of uncertainty,... Free Essays on September 1 1939 Free Essays on September 1 1939 My personal response that I acquired from W.H. Auden’s â€Å"September 1, 1939† is that of hope and how it arises in times of despair. This poem is appreciated to more recent historical events, like that of September 11, even though it was written more then sixty decades ago. Auden’s poem is very insightful and it exhibits hope to its readers. In lines forty six to forty eight, â€Å"The lights must never go out/ the music must always play† conspires that everything still, must go on after a tragic event, and that hope is the only thing that keeps us going. Hope gives us the strength to carry on. We experienced this on September 11th, only two years ago. People were told to have faith and hope, and go about their lives as if everything were normal again. People were told to show pride and unity, and positive attitudes as Auden is encouraging the music to keep playing and for the lights to stay bright. The last five lines in this poem produced the largest effect on me. In lines ninety-four to ninety-eight, Auden writes â€Å"May I, composed like them/ of Eros and of dust, / Beleaguered by the same/ Negation and despair, / show an affirming flame.† Those five lines exhibit the need for hope in despaired persons, who have been wr onged. Auden is daring to be the â€Å"affirming flame†, in other words, to be the positive hope. This poem was widely circulated on the internet after September 11, 2001 mainly because it discusses hope and the important of love in hard times. This poem helped so many people coupe with their pain. People may have related this poem to the tragic events of September 11 because of lines four to eleven, â€Å"As the clever hopes expire/ of a low dishonest decade: / waves of anger and fear / circulate over the bright / and darkened lands of the earth, / obsessing our private lives; / The unmentionable odour of death / Offends the September night.† These lines brought about a sense of uncertainty,...

Tuesday, November 5, 2019

Phases of the Bacterial Growth Curve

Phases of the Bacterial Growth Curve Bacteria are prokaryotic organisms that most commonly replicate by the asexual process of binary fission. These microbes reproduce rapidly at an exponential rate under favorable conditions. When grown in culture, a predictable pattern of growth in a bacterial population occurs. This pattern can be graphically represented as the number of living cells in a population over time and is known as a bacterial growth curve. Bacterial growth cycles in a growth curve consist of four phases: lag, exponential (log), stationary, and death. Key Takeaways: Bacterial Growth Curve The bacterial growth curve represents the number of live cells in a bacterial population over a period of time.There are four distinct phases of the growth curve: lag, exponential (log), stationary, and death.The initial phase is the lag phase where bacteria are metabolically active but not dividing.The exponential or log phase is a time of exponential growth.In the stationary phase, growth reaches a plateau as the number of dying cells equals the number of dividing cells.The death phase is characterized by an exponential decrease in the number of living cells. Bacteria require certain conditions for growth, and these conditions are not the same for all bacteria. Factors such as oxygen, pH, temperature, and light influence microbial growth. Additional factors include osmotic pressure, atmospheric pressure, and moisture availability. A bacterial populations generation time, or time it takes for a population to double, varies between species and depends on how well growth requirements are met. Phases of the Bacterial Growth Cycle The bacterial growth curve represents the number of living cells in a population over time. Michal Komorniczak/Wikimedia Commons/CC BY-SA 3.0 In nature, bacteria do not experience perfect environmental conditions for growth. As such, the species that populate an environment change over time. In a laboratory, however, optimal conditions can be met by growing bacteria in a closed culture environment. It is under these conditions that the curve pattern of bacterial growth can be observed. The bacterial growth curve represents the number of live cells in a bacterial population over a period of time. Lag Phase: This initial phase is characterized by cellular activity but not growth. A small group of cells are placed in a nutrient rich medium that allows them to synthesize proteins and other molecules necessary for replication. These cells increase in size, but no cell division occurs in the phase.Exponential (Log) Phase: After the lag phase, bacterial cells enter the exponential or log phase. This is the time when the cells are dividing by binary fission and doubling in numbers after each generation time. Metabolic activity is high as DNA, RNA, cell wall components, and other substances necessary for growth are generated for division. It is in this growth phase that antibiotics and disinfectants are most effective as these substances typically target bacteria cell walls or the protein synthesis processes of DNA transcription and RNA translation.Stationary Phase: Eventually, the population growth experienced in the log phase begins to decline as the available nutrients become depl eted and waste products start to accumulate. Bacterial cell growth reaches a plateau, or stationary phase, where the number of dividing cells equal the number of dying cells. This results in no overall population growth. Under the less favorable conditions, competition for nutrients increases and the cells become less metabolically active. Spore forming bacteria produce endospores in this phase and pathogenic bacteria begin to generate substances (virulence factors) that help them survive harsh conditions and consequently cause disease. Death Phase: As nutrients become less available and waste products increase, the number of dying cells continues to rise. In the death phase, the number of living cells decreases exponentially and population growth experiences a sharp decline. As dying cells lyse or break open, they spill their contents into the environment making these nutrients available to other bacteria. This helps spore producing bacteria to survive long enough for spore production. Spores are able to survive the harsh conditions of the death phase and become growing bacteria when placed in an environment that supports life. Bacterial Growth and Oxygen Campylobacter jejuni, shown here, is a microaerophilic organism requiring reduced levels of oxygen. C. jejuni is the bacterium which causes gastroenteritis. Henrik Sorensen/The Image Bank/Getty Images Bacteria, like all living organisms, require an environment that is suitable for growth. This environment must meet several different factors that support bacterial growth. Such factors include oxygen, pH, temperature, and light requirements. Each of these factors may be different for different bacteria and limit the types of microbes that populate a particular environment. Bacteria can be categorized based on their oxygen requirement or tolerance levels. Bacteria that can not survive without oxygen are known as obligate aerobes. These microbes are dependent upon oxygen, as they convert oxygen to energy during cellular respiration. Unlike bacteria that require oxygen, other bacteria can not live in its presence. These microbes are called obligate anaerobes and their metabolic processes for energy production are halted in the presence of oxygen. Other bacteria are facultative anaerobes and can grow with or without oxygen. In the absence of oxygen, they utilize either fermentation or anaerobic respiration for energy production. Aerotolerant anerobes utilize anaerobic respiration but are not harmed in the presence of oxygen. Microaerophilic bacteria require oxygen but only grow where oxygen concentration levels are low. Campylobacter jejuni is an example of a microaerophilic bacterium that lives in the digestive tract of animals and is a major cause of foodborne illness in humans. Bacterial Growth and pH Helicobacter pylori are microaerophilic bacteria found in the stomach. They are neutrophiles that secrete an enzyme that neutralizes stomach acid. Science Picture Co/Getty Images Another important factor for bacterial growth is pH. Acidic environments have pH values that are less that 7, neutral environments have values at or near 7, and basic environments have pH values greater than 7. Bacteria that are acidophiles thrive in areas where the pH is less than 5, with an optimal growth value close to a pH of 3. These microbes can be found in locations such as hot springs and in the human body in acidic areas such as the vagina. The majority of bacteria are neutrophiles and grow best in sites with pH values close to 7. Helicobacter pylori is an example of a neutrophile that lives in the acidic environment of the stomach. This bacterium survives by secreting an enzyme that neutralizes stomach acid in the surrounding area. Alkaliphiles grow optimally at pH ranges between 8 and 10. These microbes thrive in basic environments such as alkaline soils and lakes. Bacterial Growth and Temperature New Zealands Champagne Pool is a hot spring that contains a community of thermophilic and acidophilic microorganisms whose distribution relates to the temperature and chemical environment. Simon Hardenne/Biosphoto/Getty Images Temperature is another important factor for bacterial growth. Bacteria that grow best in cooler environments are called psycrophiles. These microbes prefer temperatures ranging between 4 °C and 25 °C (39 °F and 77 °F). Extreme psycrophiles thrive in temperatures below 0 °C/32 °F and can be found in places such as arctic lakes and deep ocean waters. Bacteria that thrive in moderate temperatures (20-45 °C/68-113 °F) are called mesophiles. These include bacteria that are part of the human microbiome which experience optimum growth at or near body temperature (37 °C/98.6 °F). Thermophiles grow best in hot temperatures (50-80 °C/122-176 °F) and can be found in hot springs and geothermal soils. Bacteria that favor extremely hot temperatures (80 °C-110 °C/122-230 °F) are called hyperthermophiles. Bacterial Growth and Light Cyanobacteria (blue) are photosynthesizing bacteria that are found in most habitats where water is present. Several spores (pink) are also seen. Steve Gschmeissner/Science Photo Library/Getty Images Some bacteria require light for growth. These microbes have light-capturing pigments that are able to gather light energy at certain wavelengths and convert it to chemical energy. Cyanobacteria are examples of photoautotrophs that require light for photosynthesis. These microbes contain the pigment chlorophyll for light absorption and oxygen production through photosynthesis. Cyanobacteria live in both land and aquatic environments and can also exist as phytoplankton living in symbiotic relationships with fungi (lichen), protists, and plants.   Other bacteria, such as purple and green bacteria, do not produce oxygen and utilize sulfide or sulfur for photosynthesis. These bacteria contain bacteriochlorophyll, a pigment capable of absorbing shorter wavelengths of light than chlorophyll. Purple and green bacteria inhabit deep aquatic zones. Sources Jurtshuk, Peter. Bacterial Metabolism. National Center for Biotechnology Information, U.S. National Library of Medicine, 1 Jan. 1996, www.ncbi.nlm.nih.gov/books/NBK7919/. Parker, Nina, et al. Microbiology. OpenStax, Rice University, 2017.Preiss, et al. Alkaliphilic Bacteria with Impact on Industrial Applications, Concepts of Early Life Forms, and Bioenergetics of ATP Synthesis. Frontiers in Bioengineering and Biotechnology, Frontiers, 10 May 2015, www.frontiersin.org/articles/10.3389/fbioe.2015.00075/full.

Sunday, November 3, 2019

Duvall & Hays Chapter 5 Essay Example | Topics and Well Written Essays - 250 words

Duvall & Hays Chapter 5 - Essay Example For example is the book of Ecclesiastes wherein it says that life is meaningless in the first chapter. If one would only consider the scripture and not the historical-cultural context, there might be misunderstanding that life is indeed meaningless where in truth, it specifies that life is meaningless without God. Another example is the parable of Good Samaritan in New Testament. The reader would more appreciate it if the reader knows how dangerous and a lengthy walk is Jerusalem to Jericho (Duvall and Hays, 2008). Bible offers a lot of learning but sometimes hidden in its words that are most of the time based on old language like Latin and Greek. In this time wherein people want immediate applications, it is easy to bypass some hidden meanings of the scripture due to time availability. However, if providing some guidebooks or introductions to the Bible books would encourage people to read historical-cultural context of the scriptures (Duvall and Hays, 2008). Providing some everyday schedule would also attract people to give time in reading scripture because of organization in

Thursday, October 31, 2019

State and defend the deductive argument that God is required for the Essay

State and defend the deductive argument that God is required for the existence of objective moral laws - Essay Example The first premise is that if objective moral law standards exist, they point to the existence of a God. Here, it is assumed that all laws have a lawmaker, and since the laws are objective, then they must be made by a person who is not human. By definition, objectivity requires autonomy from human interferences (Reppert 34). The second premise is that objective moral standards exist, which means that regardless of preference or convention, some things are always right or wrong; a typical example is killing someone for no reason. Truths are self evident, and one is justified if it reasonable to believe in it; in this regard, if a person sees a red object, then they can assume that it is colored. The third premise comes from the first two premises and thus concludes that because of the above, a God exists. Some people respond to the first premise that draws associations between God and moral standards. These opponents state that sometimes laws can exist without a lawmaker. A case in point is Platonic realism in which it is explained that abstract objects exist outside of time and space; these objects stay constant and have no cause. Examples of such abstract objects include laws of mathematics and logic; number 3 exists independently of one’s thought, while laws of morality like fairness and justice are abstract. Therefore, platonic realism illustrates that since morality laws are brute facts (have no explanation), then there is no need for a lawmaker. A response to the second premise is that objective moral laws do not exist as postulated in moral nihilism, moral subjectivism and cultural relativism. Moral nihilists say that moral realities are absent as truth does not exist in ethics. Moral subjectivists claim that actions depend on the one holding them rather than some objective standard. Cultural relativists say that moral laws depend on the societies to which

Tuesday, October 29, 2019

Measuring Performance Essay Example | Topics and Well Written Essays - 2500 words

Measuring Performance - Essay Example It comprises of Strengths, weaknesses, Opportunities and threats. Strengths are internal factors that can be concluded as advantages to the business (current advantages). Factors such as a focused management, hardworking employees, low costs are positive points for the firm. For Jengo Ltd, a high regard for their clothes by the customers is an impressive point for the future of the business. Weaknesses are internal factors as well that maybe termed as disadvantages for the firm (current disadvantages). Negative factors like a poorly trained workforce, ageing equipment etc need to be evaluated for a solution to arise. For Jengo Ltd, the failure to produce budgets or forecasts for the financial year hints weak planning on the part of the management. However, Opportunities are potential areas for expansion of the business (advantages that can arise in the future). These areas are obtained after an external audit in the market the firm operates in. Identifying new markets, expansion of t he product portfolio and favorable government policies amalgamates in outdoing competitors. Moreover, threats are not to be forgotten while forecasting future business plans (problems that may arise in the future). These usually comprise of the macro environment factors that alter the economic environment, strength of the competition, globalization etc. Jengo Ltd should be careful about changing customer demands as it operates in a highly uncertain business. SWOT analysis draws the primary sketch for foreseeing the future for any business. It is an effective way of gathering information and generating interest in the business activities quickly, mostly used to plan the marketing strategy (Hall, D et al. 2004) Factors in the macro environment effect decisions by the top management. Demographic change, government laws, trade barriers etc are some examples of macro change (Varoufakis, Y. 2007). These factors can be categorized by the PESTEL (political, economic, social, technological, environmental, and legal factors). Political developments regionally, nationally and internationally might effect a business’s strategy. Political decisions can change vital areas of the company such as education for the employees, health benefits, infrastructure, and subsidies for instance. Economic factors may involve the effect of consumer demand patterns, willingness to spend, inflation, fiscal and monetary policies, exchange rates, fixed and variable costs, and changes in the labour market on the business. Businesses may also need to plan out the effects of government policies to haul out the country from a recession (Hall, D et al. 2004). Changes in social trends can create competitive advantages for businesses. Falling birth rate, ageing population, increase in life expectancy can all effect a business. An ageing population would mean a shift in the sort of products demanded and more pensions paid to employees. Pressure groups can also force a business decision leading to serious consequences. Technology uplifts products and processes. Online shopping, bar coding, CAD and CAM are all technological advancements that aid in the advent of superior products. Furthermore, environmental factors might include a legislation to control pollution or views of certain groups about the ingredients of the product. Major climatic changes due to global warming have significantly impacted many industries and external factors related to a

Sunday, October 27, 2019

The Third Gender The Hijra Sociology Essay

The Third Gender The Hijra Sociology Essay In western culture, gender and sex have been described under two distinct realms-male and female. These identities to some are determined solely biologically, and many are oblivious to the fact that in many cultures, different genders are present. One of the most prominent third genders is based in South Asia, specifically India. Known as the hijra, they have grown to become a prominent and well-known member of Indian society, but have suffered from discrimination and have struggled for their basic fundamental rights. Based in India, the hijra are physiological males who identify themselves as females at an early age, wearing womens clothing and performing stereotypical female gender roles. Indian society refers to the hijra as a third gender. They are not female nor male, but a separate entity who carries their own culture, values and traditions. In relation to the western world, the closest form to the hijra would be known as a transgender. The hijras trace their origins back to the religious era of the deity Ram. As told in the Ramayana epic, just before his sojourn into the wilderness, Ram instructed all men and women who had come to see him off to return to their village. The hijras, being neither men nor women stayed at Rams point of departure until his return years later. Upon seeing their devotion, Ram blessed them and promised them the right to rule during the final age of mankind (Amisha_2010:835). As religion is a major aspect of Indian culture, much of the hijras history is based off the Indian polytheistic religious era. As religion is of great importance to the hijra, this event historically marked their first interaction with the Indian gods. Many hijra undergo a painful castration process known as nirvan to officially identify as a hijra. This process of the upmost importance as it ends with the new hijra embracing the femininity he has identified himself with his entire life. The process has been documented: His transformation is nearly complete as he prostrates his naked body before the murti of Bahuchara Mata, praying for her blessings. When he stands, his chela (guru) will complete the ceremony with two swift slices of the long blade, permanently severing his manhood. The remaining blood that gushes from the cut is considered the last of the male part. Hot sesame seed oil will be poured over the open wound, which will later be prodded repeatedly to ensure that the urethra remains open. No anesthesia or surgical tools are available, for it is believed that medically performed castration would diminish the spiritual experience of the ritual. (Patel_2010:835) Once the castration process is completed, the hijras both physically and spiritually feel as though they have transformed themselves. As the hijra undergo a physical transformation, they also follow a strict household structure. Members of the gharana, the communal hijra household, ardently support the hijra code. The hijras maintain the basic family hierarchy. The GWU report states, An elder naik oversees the basic running of the household, and chelas initiate hijras and turn over a portion of their earnings for household expenses. In addition, all hijras pay a fee to the jamat, or congregation of hijra house leaders recognized within the larger community. (Patel_2010:836) Many houses are situated relatively close together. As much of Indian society and culture rejects the hijra, the hijra feel it is necessary to isolate themselves from the mainstream culture. Not only does this give the hijra a sense of community, but it also preserves their security and safety. Despite these protective measures, hijras remain a marginalized group in a country that continues to ostracize them. India is two-sided in its social perception of the hijra lifestyle. As a community, Indian society treats hijras with a combination of fascination, revulsion, and fear (Patel_2010:836). As a means of survival, hijras predominantly participate in begging and prostitution. For a small fee, they also perform badhai-local families sometimes welcome them into their homes to bless auspicious births or weddings (Patel_2010:836). For the most part, however, sex work is the most profitable option for the hijra. As a result, Indias hijras struggle as an ostracized social class, subject to gender violence and various other human rights violations. There are very few domestic policies protecting hijras. Although there have been recent pushes for their rights, few have been successful. The hijra have struggled to enjoy the basic human rights many Indians enjoy. Most importantly, Indian law does not recognize them as a third gender. This denies them the right to vote, the right to own property, the right to marry and the right to claim formal identity through any official documents such as a passport or driving license. Accessing healthcare, employment or education becomes almost impossible. In the face of such odds they are forced to earn money any way they can (Harvey_2008:html1). Hijras are regularly robbed and sexually assaulted on the street at the hands of gangs and other local thugs. A hijra who served as chairperson of a human rights organization said, We have no constitutional rights. That is the problem. We dont have voting rights; often we cannot get housing. This is not allowing us to have an identity of our own (Harvey_2008:html1). Reports show however, that attitudes are gradually beginning to change. An initial difficulty in addressing the rights of sexual minorities is in recognizing the differences between the concepts of sex and gender. Sex, by definition, operates within the classic binary biological model, in which the human species is clearly divided into neat categories of either male or female (Patel_2010:836). Gender, however, is a more inclusive term, which includes social constructs of personal belief and sexuality that have deeper meaning than the traditional biological sex distinction (Patel_2010:836). In addition, the classic Western binary models of sex-male and female-and sexuality-homosexual and heterosexual-do not fit neatly into Indias traditional concepts of gender and identity. As a result, hijras are the unknown-the intersex gender between male and female in India. Although the hijra have been ostracized for many years, conditions are slowly starting to improve. As technology and media communication have vastly improved in India, more people are beginning to not only notice the presence of the Hijra, but also appreciate it. The Hijra have formed unions to organize protests for their human rights and will continue to fight for legislation until they are satisfied. India has taken many steps toward recognizing transgender rights. In recent years, hijras have become increasingly visible in the political arena. After gaining the right to vote in 1994, a few have held political office in various states in India, and often have the support of religiously affiliated majority parties as safe candidates. In 2000, Kamla Jaan, a hijra in the state of Madhya Pradesh, was elected mayor of Katni after running as an indepen- dent. Indian society perceives hijras as un-entrenched political candidates-secular, casteless, and asexual-simultaneously able to understand the plight of the downtrodden and able to gather the support of outsiders. Furthermore, mainstream society has recast these candidates as embodiments of respect and morality, above traditional corruption that permeates Indian politics. As a result of their improved prominence, India has taken some effective measures in acknowledging the legal status of hijras. For example, there are three distinct gender classification choices available on the Indian Passport-ma le, female, and others' (Patel_2010:836). In addition, the prominence of hijras in the media has fostered increased social acceptance of transgendered individuals. Thus far, the state of Tamil Nadu seems the most accepting. There, a transsexual hosts a local talk show called Ippadikku Rose. The state also hosts an annual transgender festival to facilitate accept- ance of hijras into mainstream society. In addition, hijras are making appearances in the fashion industry, and recent Bollywood films portray them in a positive light. In 1994, the South Indian film Tamanna portrayed the life of a hijra who saves a young girl from life on the streets and later adopts her. In 2008, a hijra was cast as the first transgender in the country with a lead role in a mainstream Tamil movie. Despite receiving some recognition and social acceptance, hijras remain an ostracized and differentiated social class. Hijras struggle to reconcile their physical visibility with the invisibility of their community as a whole. In the end, however, community invisibility makes hijras susceptible to gender violence and other human rights abuses. By creating and recognizing transgender rights, India has the capacity to battle its current HIV/AIDS epidemic in a meaningful way, give real effect to the human rights of sexual minorities, and serve as a model for other nations to recognize gender-based rights. In order to accomplish these goals, however, India must repeal current discriminatory laws and enact equal opportunity legislation on the basis of gender and sexuality. In order for there to be meaningful change, formal legislation must be passed, and with the help of the human rights activists and unions, the legislation could very well happen. Works Consulted Amisha, R. P. (2010). INDIAS HIJRAS: THE CASE FOR TRANSGENDER RIGHTS[dagger]. The George Washington International Law Review, 42(4), 835-863. Nick Harvey http://www.newstatesman.com/world-affairs/2008/05/hijras-indian-changing-rights (Hijras Indian Changing Rights) The Hijras of India http://lisa.cs.duke.edu/~john/finalproject/ Khan, S. I., Hussain, M. I., Parveen, S., Bhuiyan, M. I., Gourab, G., Sarker, G. F., . . . Sikder, J. (2009). Living on the extreme margin: Social exclusion of the transgender population (hijra) in bangladesh. Journal of Health, Population and Nutrition, 27(4), 441-51. Retrieved from http://search.proquest.com.proxy.library.vanderbilt.edu/docview/202996682?accountid=14816

Friday, October 25, 2019

Two Rivers :: essays research papers

Two Rivers, Wisconsin   Ã‚  Ã‚  Ã‚  Ã‚  If one were to travel 36 miles Southeast of Green Bay they would run into a small town known as Two Rivers. Two rivers is located on the coast of Lake Michigan. Two Rivers is surrounded on three sides by the majestic Lake Michigan. Not far from Two Rivers is its sister city Manitowoc.   Ã‚  Ã‚  Ã‚  Ã‚  French Canadians as well as the Chippewa Indians founded two Rivers. The Chippewa Indians called the area Neshotah that means â€Å"a junction of 2 rivers†, since the twin rivers join together before entering Lake Michigan. The Chippewa Indians also named the twin rivers. The West River is known as â€Å"Neshoto† meaning west, and the East river is â€Å"Mishicot† meaning east. Two Rivers is obviously named after these twin rivers. The rivers themselves are almost geographically the same. The rivers are split between the city capital that is located in the center of downtown, and then rejoin together right before they hit Lake Michigan. There is more than seven miles of clean and wide white sandy beaches along the city’s edges for the town’s people as well as the tourist to enjoy. Swimming, wind surfings, beach coming, or just even to take a brake and relax in the sun are just some of the things you can enjoy in Two Rivers. Not t o mention one of the biggest activities to enjoy is the fishing. Fishing charters is a major tourist attraction, the Kiwanis fishing derby brings anglers from throughout the Midwest. You can fish on or off shore in almost all of the four seasons. Not only are the Twin rivers a good resource for fishing they are a major and important resource for water. The rivers stream are usually calm and slow, which you could say it matches the way of life of Two Rivers.   Ã‚  Ã‚  Ã‚  Ã‚  Two Rivers is a town were the pace of life doesn’t get any slower. Its slow paced atmosphere and friendly townspeople make you feel like you are in the South. Trees line the quiet streets of the all American city. In the center of town are gracious old buildings that frame Central Park. Young and old gather here for festivals, or just to sit and talk. Band Concerts are also held in Central Park on a regular basis. Tourists shop at all the well-kept stores and are often greeted with a friendly smile. Two Rivers is a town were every body knows your name.

Thursday, October 24, 2019

Influences on Human Nature Essay

Human nature is the central characteristics, including the ways of thinking, acting, and reacting that are shared by most or all human beings, and which humans display naturally. Each one of us is a unique being and various facets of human nature determine our individual personalities. The question posed by personality theorists is, what factors influence the development of our personalities? Simply stated, how did we become who we are? Who we are is not determined by any one characteristic or concept of human nature, but by combination of influences. Is human nature determined by our own free will or is it pre-determined by our past experiences and forces which we have no control? Are we dominated by our inherited nature and genetic composition or the nurturing environment of our background and education? Are we dependent or independent of our past? Is human nature unique or universal? Are our life goals motivated by the simple satisfaction of physical needs, or are we driven by a deeper need for growth and progress? Is man kind’s outlook one of optimism or pessimism? Do humans develop relationally or individually? Questions about human nature focus on these central issues and theorists attempt to answer this question, while defining their image of human nature. Free Will versus Determinism The ability to make choices unrestricted by certain factors is called free will. In contrast to free will, determinism dictates that there are forces over which we have no control. These forces externally shape our personality and that each event is determined by preceding events. How can we have free will if everything is determined for us? On the other hand, if everything is determined, how can we have free will? Free will and determinism are companions and you cannot have one without the other. We need to feel that our will is free and not determined for us. We need to be able to assign responsibility, bestow blame and praise, and allocate punishments and rewards. If we do not have free will, are we then not responsible for the choices we make? If we are not responsible for our actions, then we should not be punished when our behavior justifies it. The decisions we make, and the emotional reactions we feel, about the choices we make, are a learning process. When we make a choice, we learn from the outcome. The next time we are in the position to make a similar choice, we draw on our experiences and either choose similarly, or differently, depending on our previous outcome. In this sense, it can be said that determinism is a strong factor. The choice made is determined by the outcome of previous decisions. We cannot learn to choose more wisely, unless we can recognize a particularly good or bad choice. Gordon Allport held a balanced position on the free will versus determinism debate. Allport bestowed free choice in our considerations about our future. However, Allport also recognized that some behaviors are determined by personality traits and personal dispositions. Once the behaviors are formed, they are difficult to modify (p. 203). Inherited Nature versus Nurturing Environment For the purpose of the nature versus nurture debate, nature is defined as inherited traits and attributes. Nurture is the characteristics of our environment (nurturing influences of education, childhood, and guidance). Given that genetics and environment both influence human nature and personality, which plays a greater role? The genes we inherit determine physical characteristics about us from the color of our eyes, hair, and skin to how tall or short we will be. However, behavioral tendencies and personality attributes are not hard-wired. As human beings, we are features of our environment and the conditions by which we live shape our personality and our intelligence. We come by our personality traits through observed behaviors, not through genetic endowment. At birth a child’s mind is a blank slate. How he develops from birth is determined by the knowledge he obtains and his experiences. Adopted children support this position. A baby girl is surrendered by her biological parents and adopted. As she grows, she receives high marks throughout school and is accepted to a prestigious college. Is this child academically successful because of her genes, or is her success a result of the enriched environment her adopted parents provided? Adoptive and foster parents have a much greater impact on the personalities of their adopted and fostered offspring than the genes inherited from birth parents. The nurturing environment is the dominant influence on development and behavior. Erik Erikson supports this position in his theory. Erikson held that personality is affected more by learning and experiences and less by hereditary. Psychosocial experiences have a greater influence on personality, not biological forces (p. 172). Dependent versus Independent of Our Past Is personality more influenced by our past events? Or are people independent of the past, with personalities more powerfully shaped by events which occur later in life? For some, personality is dependent on childhood and subject to little change over the course of life. For others, personality is independent of the past. These individuals are influenced by their own experiences, as well as by their objectives and ambitions. For those independent of their past, early experiences do contribute to the formation of personality, but not permanently. On the issue of whether we are shaped more by past experiences, or events which occur later in life, there is no one size fits all answer. Every psyche is unique and each one of us draws on the more powerful determinant. Human nature is both dependent and independent of our past. In one individual the events he experiences in childhood and adolescent years may be a strong contributing factor to his personality. In another, the here and now events of her later life may be the stronger factor in who she has become. An example is given for both sides of the continuum. A brother and sister, one year apart, are raised by the same mother and the men who enter and exit their lives. The two children lead a dysfunctional childhood fraught with homelessness, neglect, poor adult guidance, and mental, physical, and sexual abuse. From adolescence on the brother takes a dark path. He murders a third sibling and is institutionalized. Within a short time of his release from the sanitarium, he commits arson (burns down his sister’s apartment) and is sent to state prison. Upon his release from state prison he leads the life of a drifting loner with anti-social tendencies. Now a 42 year old man he has no family of his own (a good choice given the danger he presents to others at times); possesses only an eighth grade education; is paranoid schizophrenic and suffers from delusions; and cannot maintain employment for extended periods of time. The male child is an example of historical determinism. The extremely unfortunate serious of events of his childhood have made him who he is. His personality is dependent on his past; it was mostly fixed in the early years and has changed little throughout his life. The sister half of the equation began her adolescent and early adult years coping with her past in her own dysfunctional way. While early on she turned to methamphetamine use and sexual promiscuity as escapes from the past, she made a cognitive choice in her 30s not lead the life of her mother. The trigger of a life change for her was predominantly self-motivated by her hopes and aspirations for a future. However, it was influenced by negative events she had experienced in her present situation, as well as positive relationships she formed. She is now 43 years old, married and has four beautiful children. She works full time, owns a beautiful home, is growing in Christ, working toward a college degree, and has goals and aspirations for a fantastic future. Her personality is one completely independent of the past; it was not fixed by the tragic events of her childhood. While childhood and adolescent experiences may have contributed negatively early on to shaping her personality, it was not permanent. She is influenced by events and experiences in the present and they have modified her early personality traits to make her a happy, healthy, productive member of society. Albert Bandura supports the position that behaviors can be modified. He believed that our self-efficacy and a set of ideal behaviors are established in childhood. However, these early experiences can be reversed later in life, and performance standards and behaviors may be replaced (p. 344). Carl Jung also believed we are affected more by our experiences in middle age and our hopes and expectations for the future (p. 102). Unique versus Universal The position that personalities are unique holds that each person’s action has no complementing action or behavior in any other individual. There is no comparing one person to another. The universal position follows that there are overall patterns of behavior among people. That within individuals of the same culture, there are similar identifiable behaviors. Is there such a thing as an innate universal characteristic of human nature? Our experiences shape our behavior; however, two people with a universal pattern (such as those from the same tribe); still grow into two separate and unique individuals. The human personality is both unique and universal. While fully functioning persons share some universal characteristics, we all possess traits unique to the individual. Maslow reinforces uniqueness of personality in his theory. Maslow believed that incentive and needs are universal, but how the needs are met differs between individuals because behaviors are learned. He went on to state that even self-actualizers, despite the fact they share certain abilities, do not have identical behaviors (p. 256). Satisfaction versus Growth Theorists break down the issue of our life goals to opposing motivating factors. Are we driven by satisfaction or growth? If satisfaction is the goal, we are content as long as balance is maintained and our needs are met. In contrast some theorists believe our major motivation is growth. The choice of growth or satisfaction is different from one individual to another. A man in his forties has a comfortable home, a family who love and respect him, plays golf on Saturdays, goes on vacation once a year, and has a job with a decent salary. While he has not reached his fullest potential, or all of the goals he initially set out to attain, this man is satisfied. His position is one that his needs are met, and he sees no need to expend the energy or stress for further growth or development. He may even ask himself, what more could I want? Sigmund Freud took the satisfaction position in his pessimistic view of human nature. Freud believed that we continually experience stress and conflict and that the ultimate goal was to reduce stress (p. 61). While some individuals are satisfied as long as their needs are met and they can sustain a stress free life, others crave knowledge and growth of body and mind. A woman in her forties is in a similar situation as the man in the above example. She has a comfortable home, a family who love and respect her, goes on vacation once a year, and a job with a decent salary. However, the woman is not satisfied. She is driven by her desire for growth, and the need to improve herself. She has aspirations for the future, a longing to help others, and recognizes she has not achieved full potential. While she can certainly live comfortably in her present situation, she knows that she has not reached self-actualization. She realizes that she would not only be cheating herself, but those who surround her and society, by not persevering until she reaches her goals. Carl Rogers supports this position in his theory. Rogers believed our outlook is progressive rather than regressive, toward growth rather than stagnation. In his opinion we seek challenge and stimulation, instead of the satisfaction of familiarity (p. 274). Optimism versus Pessimism For centuries theorists have examined the question of optimism or pessimism. Do humans have an essentially optimistic outlook on life, a positive, upbeat, and hopeful view? Or is the human personality one of a pessimistic outlook, a negative, hopeless view? On the issue of whether our virtues outweigh our shortcomings, in general most of us are optimistic. Collectively, we are socially conscious, unselfish beings with a drive to improve the world around us. People are basically good, caring, and kindhearted. To believe anything else would create a dark portrait of human nature, one of despair and hopelessness. Pessimists would argue that there are wars being waged all over the world, entire cultures being treated as second-class citizens, and poverty is rampant. However, these occurrences do not originate from our human nature. They are activated under given conditions, enabled or hindered by social environments. Gordon Allport presents an optimistic view of adults in control of their lives. We rationally attend to current situations, plan for the future, and form and identity (p. 203). Erik Erikson had an optimistic view of human nature. He believed that although not everyone successful in their goal to attain hope, wisdom, and the other merits of intrinsic worth, we all possess the ability to do so (p. 172). Individual versus Relational Personalities are formed both individually and relationally. When we are born we develop relationally. We form bounds with our parents, siblings, and care-givers relying on them for our needs. During this phase of life, how we grow individually is determined by these early relationships. In return, our relationships often motivate and nurture us to grow individually. For healthy development of the psyche, personalities must form individually and relationally. My own growth is an example of how this continuum is not a matter of individual or relational, but instead individual and relational. For more than ten years I was a lost soul struggling with methamphetamine addiction, depression, periods of homelessness, and all around selfish bad choices. During this dark period, I did not have healthy relationships. At that point in my life, I had lost sight of who I once was and did not like the person I saw in the mirror. When I made the decision to reclaim my life, initially I could not form healthy relationships, or repair damaged ones. I first needed to concentrate on healing myself and developing as an individual. During this healing period, I made a friend and my relational growth fostered my individual growth. Because of this one individual, I have grown individually and reached goals I never would have dreamed possible without the inspiration and love fostered by this relationship. We all have relationships which stimulate our individual growth. In contrast, there are also situations where we cannot develop relationally until we are secure as individuals. The individual versus relational issue was not a continuum addressed in the text book, nor could scholarly information on theorist’s positions on the question be found in my search. Conclusion Human nature is a combination of instincts and environment which compose how we decide on which actions to take. There is no right or wrong answer to the questions about human nature posed by personality theorists. It is easy to see why theorists such as Fromm, Murray, Jung, and Erikson leaned neither right nor left on three or four of the six issues. When first assigned the project, I held a firm position on where I stood on each of the issues. In an attempt to better understand the fundamental issues themselves, I began to read what surely amounted to hundreds of pages of material on the questions about human nature. These essays, papers, definitions, and postulates were written by psychologists, theologians, students, and (I’m ashamed to admit) the folks at Wikipedia and Ask. com. The more I read, the more I began to drift from my previous position on most of the issues. To counter this, I would read more viewpoints in a fruitless search to find something, anything, which held a firm position one way or another on any of the questions. I was desperate for an answer that would lead me back to a firm right or left position on the issues. I discovered that on the questions about human nature, there is no black and white answer; the answers are different for each of us.