Thursday, November 28, 2019

A Portrait Of The Artist As A Young Man Essays -

A Portrait of the Artist as a Young Man A Portrait of Stephen Dedalus as a Young Man A Portrait of the Artist as a Young Man is above all a portrait of Stephen Dedalus. It is through Stephen that we see his world, and it is his development from sensitive child to rebellious young man that forms the plot of the novel. There are many Stephens, often contradictory. He is fearful yet bold, insecure yet proud, lonely and at the same time afraid of love. One Stephen is a romantic who daydreams of swashbuckling heroes and virginal heroines. The other is a realist at home on Dublin's most sordid streets. One Stephen is too shy to kiss the young lady he yearns for. The other readily turns to prostitutes to satisfy his sexual urges. One is a timid outsider bullied by his classmates. The other is courageous enough to confront and question authority. One devoutly hopes to become a priest. The other cynically rejects religion. Stephen loves his mother, yet eventually hurts her by rejecting her Catholic faith. Taught to revere his father, he can't help but see that Simon Dedalus i s a drunken failure. Unhappy as a perpetual outsider, he lacks the warmth to engage in true friendship. "Have you never loved anyone?" his fellow student, Cranly, asks him. "I tried to love God," Stephen replies. "It seems now I failed." The force that eventually unites these contradictory Stephens is his overwhelming desire to become an artist, to create. At the novel's opening we see him as an infant artist who sings "his song." Eventually we'll see him expand that song into poetry and theories of art. At the book's end he has made art his religion, and he abandons family, Catholicism, and country to worship it. The name Joyce gave his hero underscores this aspect of his character. His first name comes from St. Stephen, the first Christian martyr; many readers have seen Stephen as a martyr to his art. His last name comes from the great inventor of Greek myth, Daedalus, whose mazes and waxen wings are the kind of splendid artistic creations Stephen hopes to equal in his writing. Ju st as Stephen is a contradictory figure, we may have contradictory feelings about him. We can believe that he is a brilliant artist who must flee dull, uncultured Dublin at any cost. We can admire his intelligence and courage. We can consider his art well worthy of martyrdom, and consider that it merits comparison with Daedalus' achievements. His theories and poems are, if not masterpieces, at least the works of a man who may someday create a masterpiece. Indeed, we can believe that Stephen may grow up to be very much like the James Joyce who wrote A Portrait of the Artist. On the other hand, we can agree with the readers who call Stephen a supreme egotist, "a posturing, unproven esthete," a self-centered snob who has succumbed to the sin of pride. "You are wrapped up in yourself," says his friend MacCann. We can believe, as some readers do, that Stephen's artistic theories and his works of poetry are at most the products of a clever but shallow mind. Stephen may martyr himself for art, but his martyrdom will be worth nothing because he is too self-absorbed to be a great artist. He is not Daedalus; instead he resembles Daedalus' son, Icarus, who, wearing his father's wings, soared too near the sun and died as a result of foolishness and pride. Or we can take other views. Perhaps Joyce makes fun of Stephen's pretensions while still admiring the bravery that accompanies them. Perhaps Joyce feels sympathy for Stephen's struggles but also feels obliged to mock the less admirable aspects of his hero's character--because he shared those character traits himself. The title of the novel contains two hints we may want to keep in mind as we make our judgment of Stephen: 1. The novel is a portrait of the artist as a young man. Joyce himself said to a friend that his artist was not fully formed yet. Young men often take themselves, and their rebellions, too seriously. Yet they may gain wisdom as they grow older. 2.

Monday, November 25, 2019

The Butterfly Effect essays

The Butterfly Effect essays The Butterfly Effect is an engrossing unpredictable and original thriller...- Paul Fischer, Dark Horizons. It's one of several reviews by critics around the world. The cinematography, editing techniques, and sound direction help provide vision to an oddly shaped motion picture. Most techniques go unnoticed to just a viewer, but to a film critic, dissecting a movie becomes habit. I believe one of the most important techniques in a movie is the cinematography. There are various little, maybe unnoticeable to some, shots in this movie that try to justify the scene or what the director is trying to convey. For instance, within the first five minutes of the film, main character Evan Treborn, played by Ashton Kutcher, is sitting at the table writing in a notebook. The camera is shooting Evans hand writing in his notebook, which allows us, the audience to see from Evans point of view. Another example of character point of view is when Evan is leaving in the moving van and Kaleigh Miller, played by Amy Smart, is running up to the moving van. The camera is angled at the passenger rear-view mirror shooting Kaleigh running to the moving van. This type of shot also gives us an insight on Evans character and helps the viewers form a relationship with him. There are other scenes in the movie, that can explain an additional point the directors, Eric Bress and J. Mackye Gr uber, were trying to make. In example, nearly thirty minutes into the film, an undefined female character enters the dorm room with Evan and is looking under his bed. At this time the camera is shooting down on her and gives the audience the feeling of inferiority towards the female. While on the next shot, the camera is point up towards Evan, giving us the impression of superiority. These type shots help the viewer learn about the character and his or her role in the motion picture. Not only does the cinematography of a picture affect the...

Thursday, November 21, 2019

Definition Essay Example | Topics and Well Written Essays - 250 words

Definition - Essay Example I have been conducting myself in a descent manner in order to set a good example to them. Since I have always wanted them to be morally upright people when they grow, I have always mentored and cultivated values in them. This involves offering the required advice and supporting them psychologically. In another dimension, I have been involved in making them accept the fact that life is all about dedication and being focused. Issues that revolve around personality ruining and bad character have always been outlined in our several discussions. This allows them to come up with judgment on what would face them whenever they go astray. This way, they are able to evaluate between wrong and right thus enabling them to make best choices in life. My definition of how being a father is has not changed. In fact, my role as a father has been improved by numerous challenges that have faced me with time. My ordeals as a father have always helped me to adjust my tactics on how to face such challenges in future thus strengthening my role as a

Wednesday, November 20, 2019

The Effects of Antibiotics Lab Report Example | Topics and Well Written Essays - 250 words

The Effects of Antibiotics - Lab Report Example The Kirby-Bauer or disc diffusion method is conducted which tests antibiotic susceptibility. In this method inhibition of bacterial growth is measured closely. The requirements for this test are a culture medium and filter discs containing antibiotics. The discs are impregnated with a particular antibiotic. The organism will grow on the culture plate while the antibiotic works to prevent the growth. If the organism is susceptible, there will be no growth around the disc containing the antibiotic. The size of the zone of inhibition formed around the filter discs indicates the degree of sensitivity of particular bacteria to a drug. The interpretation of the test is the bigger the area of bacteria-free media surrounding a disc means the bacteria are more sensitive to the drug the disc contains. According to criteria set by the National Committee for Clinical Laboratory Studies (NCCLS)organisms are classified into Resistant (R), Intermediate (I) or Susceptible (S).The particular antibiot ic stops the growth of the bacteria. After the diffusion of the bacteria on the culture medium, circular spots were observed. These spots were the areas on which bacterial growth did not occur. Cefmetazole is the most susceptible drug according to the test. Penicillin and ampicillin are lesser susceptible than cefmetazole and gentamycin is the least susceptible. Penicillin and ampicillin are resistant antibiotics.Antibiotics prove to be bactericidal for antibiotics and stop their growth because they are sensitive.

Monday, November 18, 2019

Project on Commercial Paper Research Example | Topics and Well Written Essays - 2250 words

Project on Commercial - Research Paper Example It carries shorter repayment dates than bonds and is usually sold at a discount from face value. Interest increases with the increase in the maturity of the promissory note. However, it is notable that interest rates fluctuate at market conditions given that it is these conditions that dictate the interest rates at any moment. Basically, the interest rates are lower than bank rates making it easier for the corporation to pay at better rates. A major benefit of Commercial Paper  is that it  does not need to be registered with the Securities and Exchange Commission  (SEC) as long as it matures before 270 days, making it a  very cost-effective means  of financing. The proceeds from this type of financing can only be used on current assets (inventories) and are not allowed to be used on fixed assets, such as a new plant, without SEC involvement. That is why, if the funding meets the above qualifications, it can be issued without the involvement of the Federal Government regulat ion (Stephen, 127). For the most part, Commercial Paper is a very safe investment since the financial situation of a company can easily be predicted over a few months. Furthermore, only companies with high  credit ratings and credit worthiness have the capacity to issue Commercial Paper. Commercial Paper is usually issued  in denominations of either a hundred thousand dollars or more. Therefore, smaller investors only invest indirectly in Commercial Paper through money market funds. This makes business growth to be predetermined by the type of business that one owns. The more stable the credit status, the higher the chance that the company or premise will acquire a business loan from the bank. Discount rates offered have been found to be very diverse depending on the type of data that and transaction being carried out. There are different ways in which the company can trade in the Commercial Paper. There is the

Friday, November 15, 2019

Moving through levels of care in health

Moving through levels of care in health A Health system can be defined as a group of people whose primary focus is to improve the health or wellbeing of others (WHO, 2005). These entities could include organizations such as hospitals and other health care services that respond to the needs of the population. This essay will focus on the three levels of care: Primary, Secondary and Tertiary and explore how patients move through these three levels of health care in New Zealand (NZ), the United Kingdom (UK) and the United States (US). The similarities and differences between these systems will be highlighted and the accessibility of these providers will be discussed. There are three different levels of care in terms of Health Systems, each addressing the necessities of the patient and are organized into Primary, Secondary and Tertiary Care (Bodenheimer Grumbach, 2009). Primary care is usually the first point of contact for many individuals and focuses on ambulatory care such as general practitioners (GP’s), midwives and pharmacists. Healthcare at this level tends to be family orientated and situated around communities, treating ordinary, every day health problems (Alberta Physician Link, n.d.). The Secondary care level usually involves much more specialized services and is generally hospital based; examples include specialized physicians like pediatrics and obstetrics (Bodenheimer Grumbach, 2009). Tertiary care typically involves specialist physicians such as cardiac surgeons and immunologists. Care at this level comprises of the treatment of uncommon and complicated diseases (Bodenheimer Grumbach, 2009). The margin between secondary an d tertiary health care is difficult to distinguish between as enhancements in modern day technology means that surgeries that are associated with tertiary level is being introduced to local hospitals (French, Old, Healy, 2001). Patient flow through the three levels of Primary, Secondary and Tertiary care differs from country to country and is dependent on the country’s focus and organization. Each country operates differently in order to respond to the needs of the population. Patient flow in most cases is a stepwise process and enables efficiency in Health care systems. In New Zealand, individuals who have health problems will go directly to their GP as their first contact (French et al., 2001). The reason for this is, unless it’s an accidental and emergency situation, New Zealanders’ can only gain access to secondary and tertiary services by referrals from their GP’s. GP’s can be described as ‘gate keepers’ who hold the key to higher levels of health care (French et al., 2001). Only by obtaining this key – in this case a referral, will patients in NZ be able to gain access to secondary and tertiary care. The same situation also applies to private health sectors (French et al., 2001). If further diagnosis is required after seeing the GP, the patient will be referred to a specialist at a public hospital who will be the sole decision maker in deciding the urgency of the situation. If specialized assistance is required, the patient and their GP will be notified within ten days and will have an appointment within six months (Cumming et al., 2013). GP’s taking on the role as gate keepers will lead to the development of a strong patient-caregiver relationship, which eventually leads to better health outcomes (Bodenheimer Grumbach, 2009). In the United Kingdom, the British National Health Service (NHS) provides health care. The GPs here also take on the role of gatekeepers and apart from treating every day problems; they also provide prevention services such as immunization to prevent diseases and vaccinations (Boyle, 2011). Similar to New Zealand, patients are unable to gain access to secondary services unless they have a referral from their general practitioners (Bodenheimer Grumbach, 2009). This system differs from New Zealand in that a referral from a GP to access health care at the tertiary level is quite unusual and is usually attained by a referral from the secondary care level (Wheeler Grice, 2000). The exceptions to these regulations are accidental and emergency situations, for example, a trip to the Accidental and emergency department (AE) would not require a referral. The US health system focuses more on care at the tertiary level. This health system differs from NZ and UK in that patients are able to access secondary and tertiary levels of care without a referral (Bodenheimer Grumbach, 2009). In the US, patient flow is not as efficient and it has become customary for individuals to approach any doctor of their choice depending on their health problems (Bodenheimer Grumbach, 2009). The numerous roles specialists and doctors have to undertake accentuate the huge gap in primary care. In NZ and the UK where physicians specialize in providing health care at the secondary level, tertiary physicians in the US have to provide health care at both the primary and secondary level in order to make up for the lack of primary care providers (Bodenheimer Grumbach, 2009). Access to health care is how obtainable medical care is. There are numerous barriers to access and these include factors such as cost, transport and locations of hospitals relative to where individuals live. Each country differs in the way they attack certain barriers. The US health system focuses more on the concept of the dispersed model in terms of organization and is more orientated towards tertiary care (Bodenheimer Grumbach, 2009). Health insurance is a major factor that influences individual’s access to healthcare. Individuals in the US have employers who aid in the costs of health insurance. However, individuals who have employers that do not cover health insurance, have to figure out their own way to access health care (Bodenheimer Grumbach, 2009). More often than not, it is these individuals who do not fit the criteria for public health insurance and do not have the means to obtain private health insurance due to expensive premiums (Bodenheimer Grumbach, 2009). The number of uninsured people has been increasing and countless employers have responded to the ever-growing costs of health insurance by no longer providing it for their employees. Health insurance in the US poses as the biggest financial barrier towards access and Bode nheimer and Grumbach accentuates this point. Their findings reveal that those who are not insured receive less care, resulting in bad health consequences. The two main public health insurance companies in the US are Medicare and Medicaid. Medicaid’s target audience is for citizens aged 65+ and in low-income families while Medicare’s targets disabled individuals and residents who are 65+, under 65 year olds are funded by private insurance (The Commonwealth Fund, 2012). However, many physicians do not accept people with Medicaid insurance as this means they receive less payment. Compared to the individuals who are uninsured, those who are insured with Medicaid have a much more stable source of health care and access to other services. However, in contrast to the others who are privately insured, they are more likely to have difficulties when pursuing medical care and other prescriptions (Bodenheimer Grumbach, 2009). Numerous residents are underinsured and uninsured (The Commonwealth Fund, 2012) resulting in less people obtaining access to medical care. People are entitled to refer themselves to any level of health care depending on their situation, resulting in a large out of pocket fee if they were uninsured. However, access to health care is incredibly beneficial for the well off individuals who are able to afford private insurance. The US health system primary focus on the tertiary level impacts access as it allows entry into any level of care depending on the patient’s choice and this is incredibly advantageous for those who are well off, but poses as a disadvantage for the poor and those who cannot afford health insurance. In NZ, the health system focuses more on the regionalized model in terms of organization and is orientated towards primary health care. The Government along with the District Health Boards (DHB) and Primary Healthcare Organizations (PHO) plays a huge role in delivering health care to individuals in NZ (Gauld, 2012). There are two types of PHOs established, interim and access (Malcolm, 2004). Access PHOs subsidies 60-70% of GP costs for those in disadvantaged areas, whereas Interim PHOs subsidies 30-40% of GP costs for those who are in less disadvantaged areas (Malcolm, 2004). This will enable those who live in underprivileged areas to gain access to health care, without worrying about costs. Most hospital fees are free of charge with some additional expenses depending on different situations (Cumming et al., 2013), the government also subsidizes visits to the GP. This means that those who struggle financially will be more likely to access primary health care, enabling better health o utcomes, especially because a referral is needed in order to access secondary and tertiary levels of care. Individuals are also able to obtain private health insurance, allowing them to receive a private appointment with a surgical consultant before individuals who are noninsured, resulting in a reduction in wait times for surgery (Cumming et al., 2013). However, there could be a limit in choices of private providers as they are mainly situated in the main centers, limiting access for those in rural areas (Cumming et al., 2013). Large distances and small numbers of care providers make it difficult for populations in rural areas in NZ to access health care (Cumming et al., 2013). This poses as a significant barrier that limits access as those who live a great distance away have a limited amount of options in terms of health care. The distribution of health care services and physicians in rural areas is smaller as this life style is undesirable, reducing rural populations’ acce ss to health care (Cumming et al., 2013). Access in NZ is beneficial as hospitals are situated in good geographic locations as studies reveal that 90% of individuals are able to reach a district hospital within an hour (Cumming et al., 2013). NZ’s focus on the primary health care level impacts access as it allows individuals whom require specialized care to gain access by referral from a GP. Compared to the US, access to health care in NZ is favorable for those who live in good geographical locations but poses as a disadvantage for those in rural areas. In the UK, the health system is similar to NZ in that its health system is structured like the regionalized Dawson model and orientated towards primary health care (Bodenheimer Grumbach, 2009). The British National Health Service (NHS) provides primary care and hospital services (Boyle, 2011). Most primary health care is free and is covered by the NHS, although there are some out of pocket payments that are not covered (Boyle, 2011). Free primary health care would maximize access, as those who struggle financially will still be able to seek treatment without concerns of payment. Boyle’s research also reveals that there has been many unnecessary trips to the AE were not considered as crucial, possible reasoning for this could be due to their inability to obtain primary health care. Waiting times in the UK poses as a barricade to health care, with some patients waiting up to 18 months for surgeries, however, the average waiting time has now been reduced to 18 weeks (Boyle, 2011 ). Long waiting times reduces access which means that less people will be able to receive the care that they need in the time that they require it. These wait times could’ve instigated numerous avoidable AE trips that could’ve been solved by the GPs. The UK is quite successful in terms of access as it has many after hour services including AE, NHS Direct and after hour GP services (Boyle, 2011). These services will maximize access to health care, as more people will be able to obtain the care they need in the time that they require it. The structure of the UK’s health system primarily focuses on the primary level, its impact on access just like NZ, enables entry into higher levels of health care through a referral from a GP. Access in the UK is beneficial to all residents due to the free primary health care being provided along with after hour services. No health system is perfect. Every health system has certain flaws that could be improved. However, all health systems have something common, they all have a goal to provide care for those in need.

Wednesday, November 13, 2019

Enlightenment through Reading Great Literature Essay -- Literature Ess

Enlightenment through Reading Great Literature Great literature has created controversy, enlightenment, and has perpetually stimulated the imagination of readers everywhere. The ability to learn from past experience that crosses religions, races, and times helps separate the great literature from the "chaff." A good, entertaining story is not enough to produce a truly great and enduring work. Great literature is characterized by its ability to retain value in truth and entertainment even though changing culture. The influence of great literature has been a legacy of the human race for 1000's of years. Arguably the most influential of books is the Bible. It has been a top seller for almost all of eternity. However, it certainly isn't only the great stories or excitement and adventure that keeps people coming back to great literature. As with the Bible, it's the ability to pick up a book and learn a lesson that may have taken someone their entire lifetime to learn and apply it to your life. This ability to gain insight into the problems and past debates of morality...

Monday, November 11, 2019

Subversive Stories and Hegemonic Tales

The great source of uncertainty and unpredictability in a rationalizing system are people-either the people who work thin those systems or the people who are served by them look up TV show â€Å"are you served†.. Same vocabulary as McDonald's Structure Go to any church is any giant Coors like golden arches Whenever you see cross first thing you think is Jesus, like arches and hamburgers Youth video- Mega Churches group project.. Wreck 15 â€Å"A typical Manchuria does not include actual bibles by the seats, but in exchange, a book written by the pastor themselves. This book Is a shortened version of the bible with modern day affairs discussed throughout(adaptability, also pastors can be as nouns as 28 years old to appeal to a more youthful crowd) Jesus Camps Funded by macrophages Point is to help child learn more about god and his love for everyone.To destroy the child's old and revive a new person that loves and accepts god Indoctrination at a young age(draw connection to Na zi regime of efficiency? Control? ) Comfortable seating Shorter services Cool, fun Coffee shops in the church Walter of the church world Article-Drop Kick Me Jesus Through the Goalposts of Life: Nationalization,Consumer Culture, and Modern Evangelical Churches J. B. Watson, Jar. Stephen F. Austin State university Point of article This dimension of the Nationalization of religion in the U.S. Will be examined in this paper, with special attention to its impact on evangelical churches. In particular, the church growth movement embraced by evangelical churches has accelerated the emphasis on consumer-based products and packaged spiritual programs â€Å"l think of the old slavery, and of the way the economy has now improved upon It. The new slavery has Improved upon the old by giving the new slaves the Illusion that they are its principles, for it is very humane.It buys their freedom, pays for it, and then erasures its money back again with shoddy goods and the promise of freedom† Economic Transitions and the Emergence of Consumer Religion Influence of capitalism on the religious organizations Consumption, according to Twitchier, is now essential to the construction of self- identity; the symbolic value of the product exceeds its practical value in most cases.Twitchier (1999; 2004) airframes the notion of â€Å"you are what you buy' and suggests that consumerism is now strongly woven into the social fabric – it provides products purchased for their practical value, but also for the crucial security value they can revive in an increasingly secular age. Pig 5 The consumer approach to Evangelical Religious practice Branding(point of association with symbols) Structure Pastor acts as CEO. Position themselves as â€Å"the last great hope† of resisting colonization It is this position that leads them to increased colonization, contrastingly Colonization-is the process by which religion in a society begins to lose influence and the interest in other worldly or idealistic religious ideas is replaced by greater emphasis on material success and other pragmatic concerns. Shift from moral foundations towards raciest more like American consumerism * Resources for modeling Innovators in Manchuria leaders Bill Hobbes and Rick Warren, have published multiple books and regularly conduct teaching seminars for church leaders â€Å"The purpose of all these products is to provide the information and skills necessary to replicate the Willow Creek or Saddlebags model of church growth in any geographic setting.

Friday, November 8, 2019

Medical Ethics3 essays

Medical Ethics3 essays Medical Ethics Bioethics comprise every possible aspect of health care, medical, moral, social, political, religious, legal and financial? (Weiss 3). This includes the questions raised by new research. It takes a look at the results of that research that is used on patients. It takes into consideration contemporary ideas of personal freedom and human dignity. It deals with growth in medical services available in the United States and the sky rocketing cost. Bioethics also deals with the medical advances in technology that has reshaped traditional medical ethics. Medical ethics have changed drastically over a period of years. From old commandments to new commandments, guidelines that provide structural framework, classic experiments that challenge that framework, or even how things are defined in medical ethics.Medical progress goes on, and the perils of progress must be heeded? (Leone 165). Changing times have in turn changed our codes of ethics. There are five old commandments of et hics and five new commandments of ethics. These commandments come from many years of heavily advised dictates from various people. A commandment by definition is, ... a dictate or a strongly advised piece of advice? (Halsey 201). The first traditional commandment is, Treat all human life as of equal worth? (Singer 190). This statement is very difficult to follow; almost no person believes this statement whole-heartedly. The statement makes more sense on paper or just being heard, but its application in life is almost impossible to ensure. In comparison to the first old ethic, the first new ethic states,Recognize that the worth of human life varies? (Singer 190). This statement allows for variation and livability in society. It gives way for someone to say, if a person is a vegetable, has no vital capabilities, this person's life is of no worth anymore. Without this sort of change in today's advancing civilization, it would make it ethically wrong topull ...

Wednesday, November 6, 2019

The three Vandervell cases were concerned primarily Essay Example

The three Vandervell cases were concerned primarily Essay Example The three Vandervell cases were concerned primarily Essay The three Vandervell cases were concerned primarily Essay The three Vandervell instances were concerned chiefly with the issue of ensuing trusts. The purpose of this assignment is to reexamine the determinations reached in the three determinations and remark on whether or non these determinations, on contemplation, produced right results. It will see the assorted opinions by the Law Lords and whether or non the opinions produced consistent results. The first of these instances is Vandervell v Inland Revenue Commissioners. [ 1 ] In 1958, Vandervell, the commanding manager and stockholder of VP Ltd, decided to give 100,000 portions in VP Ltd to the Royal College of Surgeons to establish a chair in pharmacological medicine. The portions were presently held by Vandervell’s bank under a bare trust for him. Consequently, he directed the bank to reassign 100,000 portions to the RCS. It was intended that RCS should maintain the portions for a limited period merely, and should release them after having ?150,000 income on the portions by manner of dividends. To guarantee that these portions were non kept by the RCS forever, the College, upon reception of the portions, executed an option in favor of a legal guardian company set up by Vandervell. The footings of the option provided that the College must reassign the portions to the legal guardian company upon the future reception of payment of ?5,000 from the legal guardian company. By 1961 the College had received over ?150,000 in dividends from the portions and so the legal guardian company exercise the option to buy back the portions for ?5,000. The present action was brought by the Inland Revenue Commissioners to retrieve revenue enhancement from Vandervell which had been assessed on the dividends. The inquiry that arose was whether or non Vandervell had owned the portions during the period in which the dividends were declared. The Revenue argued that Vandervell, in directing the bank to reassign the portions to the College, had purported to dispose of his just involvement in the portions but had failed to make so because the temperament had non been made in composing [ 2 ] . It was held that by the Godheads that the option has been held by the legal guardian company upon unspecified trusts. In conformity with the axiom equity abhors a vacuity in good ownership, the option could non be permitted simply to stay â€Å"in the air† . Their Lordships held that the benefit of the option must hold been held by the legal guardian company under a resulting trust for Vandervell. In neglecting to stipulate trusts of the option, Vandervell had failed to deprive himself of his just involvement in the option. It followed that he had besides failed to the full to deprive himself of his just involvement in the portions which were the topic of the option. As a consequence, Vandervell was apt to pay revenue enhancement on the dividends, declared on the portions. As a consequence of the Inland Revenue’s claim against him personally, Vandervell, executed a title in 1965 under which he transferred to his legal guardian company all or any right, title or involvement which he might hold in the option, to be held by it on trust for Vandervell’s kids harmonizing to the footings of an bing colony. He so died in 1967. His executors brought the action against the legal guardian company [ 3 ] , claiming that Vandervell had owned the portions for the period between 1961 and 1965. The Inland Revenue was joined to the action and sought to retrieve revenue enhancement from Vandervell’s estate for the period between 1961 and 1965. The Trustee company claimed that the portions should be treated as belonging to the children’s colony. Megarry J held that there are two types of ensuing trusts: â€Å"automatic ensuing trusts† and â€Å"presumed ensuing trusts. [ 4 ] † It was there Lordship’s position, the former arises â€Å"automatically† when some or all of the good involvement in belongings held on an express trust has non been exhausted. In contrast a â€Å"presumed resulting trust† would originate in instances where X buys belongings in Y’s name, or gratuitously transportations belongings to Y. Therefore Megarry identified two chief issues, the first of these was to find whether or non the suspect legal guardian company had taken the option beneficially or on trust. Second, what those trusts were. Having decided that the legal guardian company held the option on trust, his Lordship so asked: â€Å"was the option held on ensuing trust or other trust for Mr Vandervell, or was it held on the trust of the children’s colony? † He concluded that on the above analysis a ensuing trust in favor of Mr Vandervell had arisen: â€Å"I can non see how an purpose non to acquire the portions back can veto a resulting trust if in the event he made no effectual temperament of his good involvement in them and the operation of equity brought them back to him in ways neer considered by him. Whatever may be the place under a presumed resulting trust, I do non see how the donor’s purpose non to hold the good involvement can predominate where the resulting trust is automatic† Megarry J’s position has some support from Lord Upjohn in the first of these instances [ 5 ] when he stated that: â€Å"If A intends to give away all his good involvement in a piece of belongings and thinks he has done so but by some error or accident or failure to follow with the demands of the jurisprudence, he has failed to make so, either entirely or partly, there will, by operation of jurisprudence, be a resulting trust for him of the good involvement of which he has failed effectually to dispose† Megarry J’s analysis was doubted by Lord Brown Wilkinson in West Deutsche Landesbank Girozentrale v Islington London Borough Council, [ 6 ] he claimed that there was no existent difference between the two categories of instance that Megarry J had identified: [ 7 ] â€Å"Megarry J in Re Vandervell’s Trusts ( No 2 ) suggests that a resulting trust of type ( B ) does non depend on purpose but operates automatically. I am non convinced that this is right. If the trustor has expressly, or by necessary deduction, abandoned any good involvement in the trust belongings there is in my position no ensuing trust† He said in the first instance as in the 2nd, Ten transportations legal rubric to belongings to Y and gives nil in return for it. In the first instance as in the 2nd, the infliction of a resulting trust leads to the creative activity of a new just belongings right for X, and as a new right, as Professor Chambers points out â€Å" it can non be explained as the inactiveness of a preexistent good involvement [ 8 ] † It was held, on entreaty from Megarry J, that as a consequence of the exercising of the option by the legal guardian company in 1961, the legal guardian company thenceforth held the portions on trust for the children’s colony. This was because it had been the purpose of Vandervell and the legal guardian company that the portions should be thenceforth held for the benefit of the children’s colony, and the ?5,000 used to exert the option had really been taken from the fund of the children’s colony. It followed that, after the exercising of the option, the share’s did non organize portion of Vandervell’s estate and his estate could non be taxed for the period 1961 to 1965. Lord Denning MR stated that when the option was exercised the â€Å"gap in the good ownership† came to an terminal. The ensuing trust under which the portions had antecedently been held for the benefit of Vandervell ceased to be upon the exercising of the option and the enroll ment of the portions in the name of the legal guardian company. Vandervell and the legal guardian company had, after the exercising of the option â€Å"done everything which needed to be done to do the colony of these portions adhering upon them.† Lord Denning MR, besides held that even if Vandervell had retain an just involvement in the portions after the exercising of the option he would hold been estopped from asseverating his entitlement to those portions as against his kids. Lord Denning said that he could non claim to have the portions holding done everything possible to give them off to the trustee’s of the children’s colony. There are some incompatibilities in the Lord Denning’s opinion. As Watt points out â€Å"Lord Denning MR held that in 1961 Vandervell intended, and did so divest himself of his just involvement in the portions, despite the fact that Vandervell seemingly did non gain until much subsequently that he might hold any just involvement in the portions [ 9 ] † The trouble with Megarry’s differentiation between a presumed and automatic trust is that it is difficult to warrant analytically, and even harder to use in pattern. To state that the ensuing trust arises automatically is to do an averment without any conceptual foundation, it explains simply that such a trust does non originate harmonizing to the settlor’s presumed purpose, it does non explicate, for illustration, why, when a trustor clearly intended to do an straight-out temperament of his belongings, the excess does non go through â€Å"automatically† to the Crown as Bona Vacantia. On the other manus, the job with Lord-Browne Wilkinson’s analysis is that it provides no solution to a instance like Vandervell where Vandervell clearly did non mean to retain the benefit of the portions, but even more clearly did non mean that they should go through to the Crown as bona vacantia. Therefore it can non be said that this instance was decided right, nevertheless a reappraisal of the Air Jamaica Case [ 10 ] , suggests that the Lords of the position that this determination was right, and revealed a return to the place adopted by Megarry and Lord Millet said: â€Å"Like a constructive trust, a ensuing trust arises by operation of jurisprudence, though unlike a constructive trust it gives consequence to purpose. But it arises whether or non the transferor intended to retain a good involvement – he about ever does non – since it responds to the absence of any purpose on his portion to go through a good involvement to the receiver. It may originate even when the transferor positively wishes to portion with the good interest† In the concluding analysis it is concluded that whilst the determination in Vandervell was non an ideal solution to the jobs raised, it is possibly the most suited solution to the trouble of ensuing trusts. It has been said that possibly the best solution to this trouble is in bar and non remedy ; decently constructed trusts will allege the demand for such determinations to be made. In the absence of such bar, the determinations reached in Vandervell produce the right result, the return to the Vandervell place in the Air Jamaica instance support this decision. Bibliography Legislation Law of Property Act 1925 Cases Air Jamaica Limited v Charlton [ 1999 ] 1 WLR 1399 Re Vanderell’s Trust ( No 2 ) [ 1974 ] 1 ALL ER 47 Vandervell V IRC [ 1967 ] 1 ALL ER 1 Vandervell v Inland Revenue Commissioners [ 1967 ] 2 AC 291 West Deutsche Landesbank Girozentrale v Islington London Borough Council [ 1996 ] A C 669 Journal Articles Chambers R, ( 2000 ) â€Å"Resulting Trusts in Canada† , Alberta Law Review 379 Millet, ( 1998 ) â€Å"Restitution and Constructive Trusts† , Law Quarterly Review 114 399 Books Birks P, ( 2002 ) , â€Å"Receipt in Breach of Trust† , Hart Publishing, Oxford Hayton D A ; Mitchell C ( 2005 ) â€Å" The Law of Trusts and Equitable Remedies† , Twelfth Edition, Thomson Sweet A ; Maxwell Ramjohn M, ( 2004 ) â€Å"Cases and Materials on Trusts† , Third Edition, Cavendish Publishing Riddall J G, ( 2002 ) , â€Å"The Law of Trusts† , Sixth Edition, Butterworths, Lexis-Nexis Todd P A ; Watt G ( 2003 ) , â€Å"Cases and Materials on Equity and Trusts† , Fourth Edition, Oxford University Press Watt G, ( 2004 ) â€Å"Trusts† , Oxford University Press

Monday, November 4, 2019

Use of IT in the Construction Industry Research Paper

Use of IT in the Construction Industry - Research Paper Example Most businesses have switched over to IT enabled communication and sharing of Information and taken advantage of the new software available through IT for managing their work. Relatively, the Construction Industry had been lagging behind others in adopting these innovations in management. However the industry is making up for its late entry by accelerating the rate of adoption of IT in their work. 1.1 Statement of purpose This paper aims at exploring of importance of IT in the construction industry, and for this purpose, the significant applications of IT utilized by the construction industry are reviewed. Further, the challenges posed by the adoption of these IT technologies are studied in brief followed by suggestions for the future. 1.2 Importance of IT in the Construction Industry The association between design and construction in the industry is of significant interest to the study. Design and Construction personnel’s in an integrated team rely heavily on real time and ra pid exchange of information during the execution phase. Also, the project construction team available on-site faces many challenges with regards to proper information management, like documentation and record keeping. Many I.T. innovations have become available which facilitate such rapid exchange of information. These technologies can: Provide current updated drawings and related documents to every member of the team, thus reducing the chances of errors and eliminating the need for re-working. Reduce the time involved in the consultation and approval process through real time transmission of drawings and documents Facilitate communication of changes on real-time basis during design and construction phases of the Project. Maintain all past and current drawings and files in chronological... Today Architecture, Engineering, Construction and Facilities Management are heavily dependent upon I.T. for their mutual interaction as well as for own functions. Innovations in technology that helps sharing and transmitting data have brought about major changes in the industry through research and development in the areas of linking and sharing of information, (Pena-Mora, Vadhavkar, Perkins, and Weber, 1999). Interoperability is defined as the capacity for making the information flow from one point to other. Development and use of standardized information structure form the foundation on which Interoperability is based. For a highly fragmented industry like Construction (AEC/FM), the emerging inter-operability will hinge on web-based collaboration. The following section presents a study on the topic of web based systems and their utility in the industry. Most of the evolution of Electronic Data Interchange had emerged from internal needs of organizations. Naturally, the software pos ed problems and lacked effectiveness when applied to inter—organizational exchange needs of the Construction Projects. The advances in Web-based exchange of information, currently applied to the Industry, facilitates the exchange of documents as also the sharing of construction data among participants. Its versatility allows documents to be created, dispatched and received, stored and removed through the medium of the Web. Web based systems offer the use and application of XML for documentation requirements.

Friday, November 1, 2019

MASTERPECIS Essay Example | Topics and Well Written Essays - 1000 words

MASTERPECIS - Essay Example He is talking about the loneliness he felt in the month of November accompanied by the misty lonely woods .The poet explains the beauty of the hills and experience of the trembling lake which exaggerated his loneliness. In this poem the poet is trying to connect with the objects of the magnificent nature to overcome his undying solitude. He takes the company of the nature and tries to reflect his solitude and despair with it. He finds the solitary element in all the objects of nature which is the situation of the heart of the poet. He resembles the sound of the village clock to that of a galloping horse which is full of energy. He his explaining the motion of the earth which we know is just like the moving fields shown in a passing train. He is trying hard to forma communion with nature and gets lightened by the extreme beauty and moves of nature. Comparison of William Wordsworth’s ideas with William Blake William Wordsworth and William Blake were great romantic poets of 17th century and described their feeling through the beauty of nature. Both of them had an undying love and passion for the nature and believed in the divinity existed in the universe. There can also be seen certain other comparisons between Wordsworth and Blake in how they admired the grace and benevolence of divine nature. Apparently, both these poets believed greatly in the imaginative power of the human being and praised the primitive instinct of a man. Both Wordsworth and Blake saw the characteristics of god in his vast creations and urged for the communion with the divine power. These poets are greatly influenced by the overpowering beauty and grace of the nature and strived to merge with nature to find God. According to Cutajar(2011)â€Å"In his poems such as The Prelude and Tintern Abbey, Nature is personified with Godlike characteristics and it becomes the object of love and worship. Wordsworth believed that this â€Å"natural piety† has given his life consistency and co herence†. This shows that how much Wordsworth was influenced by the nature and god Similar to Wordsworth, Blake also believe in harmony, serenity and divinity in the nature and wants to get back to the primitive nature of man.Applebaum(1996)writes that, â€Å"Serene will be our days and bright, And happy will our nature be, When love is an unerring light, And joy its own security†These lines of Blake depict the love and passion he had for nature and god same like Wordsworth. William Blake found the innocence in the nature which was real and authentic, and Wordsworth also idealized the uncorrupted glory of nature. It can be noticed that the both poets gave much emphasis on God and nature and their theme was exclusively God and universe. They both had the extreme awareness of god and divinity inside them and experienced this through the exalting beauty of nature. They instantly felt the mysterious beauty of nature which can never be altered or created by human at any cost . They were impressed by nature and is stunned by the divine play of God and craved to be a part o f him. Both these poet listen to the inner voice of their heart and connect themselves with the explicit charm of nature and God. Contrast in William Wordsworth’s ideas with William Blake Both William Wordsworth and William Blake were great poets of their time in England and Scenic beauty of the country was their inspiration. However,