Thursday, August 27, 2020

Modern Science And Materialism Essays (1942 words) - Ontology

Current Science And Materialism Current Science and realism What is genuine? This inquiry has astounded numerous what is extremely genuine or what is reality. Reality as I will clarify is one that is as per realism and demonstrated by science. Realism is characterized, as the powerful view holding that issue alone is genuine. This is the thing that Hugh Elliot demonstrates in his contention Modern Science and Materialism. By utilization of his contention I will address the inquiries of what is genuine, what people need to know, in the event that it is conceivable to realize what is genuine and how, how to separate genuine for non-genuine, where people fit in, and how we can profit by realism. To begin with, what is genuine? The truth is just a single thing, and it is all standards of issue and vitality. At the point when you connect and contact something it is matter, when you look to the skies surrounding you sense this truth of issue and vitality from the light in the sky to the ground underneath us. Elliot says that the ?universe comprises of issue and vitality in a condition of perpetual change.?(Pg. 307 Modern Science and Materialism, Hugh Elliot) What Elliot is stating is matter is all items being observed, vitality comprising of movement, heat, light, solid, power, and so on., and lasting change is genuine. This perpetual change implies that everything when you investigate our universe it never stops comparative with the remainder of the universe, and even science has demonstrated this with the second law of thermodynamics it expresses that all frameworks will change suddenly to less arranged. Presently this is a terrifying idea that we wouldn't have the option to get a handle on the real world on the off chance that it generally changes all alone. This brings up a difficult issue, how might we comprehend or live as indicated by the real world on the off chance that it generally is evolving? Indeed, there is no compelling reason to stress over this reality of progress, since we can see how it functions we our not defenseless against nature. The universe will change as indicated by Elliot and science, yet the universe is certainly not a disorderly spot. It has techniques or fixed groupings that is tails it gives us people's information about occasions so sure that we can foresee what's to come. Elliot additionally expresses this he says that the universe ?it follows certain fixed arrangements generally called laws-which are distinct to such an extent that even in the current situation with information numerous future occasions can be forecasted with certainty.?(Pg. 308 Modern Science and Materialism, Hugh Elliot) Yes, presently we have something to follow as indicated by reality it is these, as Elliot states, laws. In any case, not at all like the laws of the administration that are now and again difficult to observe these laws of the universe our ?fixed arrangements? that can't be broken, and what a consolation. I have just referenced one of these laws, however there is still others that administer us for our great. One is the law of gravity that expresses that huge masses will apply a draw on different masses, and this is a law to benefit humankind. For if enormous masses didn't draw in we would lose our environment to space thus too we would be smothered into space. However, we have these laws that administer reality, yet is it feasible for us to pick up the information on all reality? All things considered, for us as people to have information we should have the realities, a definitive realities of the real world. At the point when a psyche has a modest quantity of genuine realities the truth that he builds is less genuine. The more realities that we can collect the closer we get the chance to genuine reality or what is extremely genuine. Hugh Elliot realized this he states ?before we can recognize the more profound connections of presence and the universe, we should think about these extreme facts.?(Pg. 308 Modern Science and Materialism, Hugh Elliot) This is the way is we know reality we should build it out of realities, and as Elliot expressed we should think about these extreme realities. This is the thing that makes Elliots contention so natural to accept on the grounds that he realized where to go to get these realities he picked up infor mation before he gave his contention. To cause this simple how frequently to have you felt that without a doubt you knew

Saturday, August 22, 2020

Article critique Essay Example | Topics and Well Written Essays - 500 words

Article scrutinize - Essay Example Sections are utilized to structure the contentions and to give a grouping to each point made. The language is very succinct and easy to comprehend. Not exceedingly significant terms have been obviously characterized. There is some supposition with respect to the writer that the peruser of the content is as of now acquainted with the subject of Islamic convention and culture somewhat. For instance, terms, for example, ‘Sharia law’ and Gallup poll’ are not plainly clarified however are utilized inside the content. These terms are very explicit and require elaboration for those new to such phrasing. There is adequate proof for the contentions. Each point is very much upheld up by reference to existing laws, writing, models, citations and contentions for influential people in the field and supporting proof of different sorts. Truly the contentions bolster the primary concern as they are profoundly applicable to the topic. By belligerence and featuring different contrasts in Muslim men’s and women’s rights under Islamic law and offering models, this backings the general case that there is a foul play here which should be tended to. The content is proper for the target group generally. It offers a fundamental synopsis of the issue with some foundation and authentic and political setting and it is clarified in an unmistakable and organized manner. Notwithstanding, there is opportunity to get better in that a few terms ought to be all the more obviously clarified. To a degree, the content encourages me to comprehend the subject. It gives a foundation and cultural setting to the contention which is useful and it offers contextual analyses and guides to feature the focuses. Thusly, it is very easy to grasp. One specific sentence evoked a solid reaction from me; â€Å"In the United States, numerous Muslim young ladies and ladies decide to wear hijab†. I saw this sentence as exceptionally astounding. The creator expresses this sentence in the main passage following

Friday, August 21, 2020

Argument Essay Samples - How to Use Them to Learn How to Write Your Own Argument Essay

Argument Essay Samples - How to Use Them to Learn How to Write Your Own Argument EssayThere are many resources that you can use to assist you in writing your own AAWA Argument Essay. One of the best tools you can use is AAWA essay samples, which are short worksheets used by many students to help them write their own Argument Essay.The main purpose of an Argument Essay is to make a compelling argument for why or how a particular action is morally correct or wrong. It is not necessarily to convince the other side that it is the correct moral choice. So, if you are looking for resources to help you construct your own essay, AAWA essay samples is just the thing for you.The great thing about using AAWA essay samples is that they are usually written by professional lawyers and judges who have actually written hundreds of essays of their own. They are very useful but also very limited. For example, AAWA essay samples are only used as examples.There are many reasons for this, and the most im portant one is that they do not show you specific examples of all the issues and points that you would need to learn to make your own essay. In addition, they do not provide you with the exact wording of any one question, nor do they indicate what you should actually write. You will have to search for essays online and read it to see what you should do.Another key feature of AAWA essay samples is that they do not give you enough information to write your own essay. AAWA essay samples are not designed to provide you with the proper grammar and word usage to use in a public statement. In fact, these resources do not even include your name or contact information.Instead, they are only designed to help you learn to make your own public statement. You can use AAWA essay samples to help you write your own public statement in different situations, including an employment contract, a public speech, or even an academic thesis. But, if you are trying to write a public statement that will be r ead by a wide audience, you will need a more extensive resource.The best resource for you will be a good book that teaches you how to write your own Statement of Reasons. And because a Statement of Reasons will need to have various clauses and preambles, the most comprehensive resource would be a book that provides you with the vocabulary and information needed to write your own Statement of Reasons.In summary, there are many resources available online to help you learn how to write your own AAWA Argument Essay. However, if you are looking for a comprehensive resource that will help you structure your public statement, a book or an online course is what you will need.

Monday, May 25, 2020

No Title Now - 1233 Words

2.3 Study Questions Early (Dark) Middle Ages Chapter Fifteen, â€Å"Europe to the Early 1500s: Revival, Decline, and Renaissance† The High and Late Middle Ages—Chapter Fifteen As compared to its experience in the early Middle Ages, Europe in the High Middle Ages was a. more decentralized. c. less militaristic. b. less isolated. d. more religiously diverse. Which is the best summary of the authors’ introductory overview of the late Middle Ages? a. Political and religious institutions grew steadily stronger throughout Europe. b. Populations grew, while cultural institutions faced severe challenges. c. Political conflicts†¦show more content†¦d. set limits on royal power and insured the right of representation to certain groups in society. Gothic architecture displayed all of the following characteristics except a. stained glass windows. b. soaring structures. c. much interior light. d. rounded arches. The Hundred Years’ War a. led to the reestablishment of the Holy Roman Empire. b. was waged between Charlemagne and the Byzantine Empire. c. was fought by the feudal monarchs of England and France. d. was the Muslim name for the Crusades. France suffered from what relative disadvantages during the Hundred Years War? a. internal disunity and less money b. smaller population and less money c. mediocre leaders and less effective weapons d. smaller population and less effective weapons All of the following were consequences of the Hundred Years War except a. the devastation of France. b. the awakening of French nationalism and movement toward unity. c. increased burdens on the English peasantry. d. the rise of Burgundy to the status of a major European power. Which of the following was not a contributing cause of the Black Death? a. infestation of Europe by diseased rats and fleas b. overpopulation of Europe c. increased trade contacts with the Near East and steppes d. pollution of the water supply of the major cities of Italy In Europe, the first known cases of the Black Death appeared in a. Italian and French ports and islands. b. the British Isles. c. the Ib erian peninsula. d. the Holy Roman Empire.Show MoreRelatedTitle Ix Of The Education1544 Words   |  7 Pages When it comes to Title IX most people just think of it as something that lets women play sports, or they just don’t know what it means. According The United States Department of Justice website, the definition of Title IX is â€Å"a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. The principal objective of Title IX is to avoid the use of federal money to support sex discrimination in education programs and to provideRead MoreTitle Ix741 Words   |  3 PagesTitle IX is a law that states, No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance... —United States Code Section 20. There are most definitely people that would oppose this law, but most can agree. There should not be discrimination to women, and there s houldn’t have been from the start. Title IX provides women freedomRead MoreTitle Ix : An Important Part Of The American Culture811 Words   |  4 PagesTitle IX Sports have an important part in the American culture. Today’s ratio of girls in high school who take part in sports is 1 in 3. In 1970, the ratio was only 1 in 27. Now some of the greatest rising sport stars are women. Americans didn’t believe girls and women could play sports such as basketball, rugby, soccer, and many more. Basically girls and women were underestimated due to the fact America thought they couldn’t play a sport that a boy or man could play. The Educational AmendmentsRead More Sarbanes Oxley Act of 2004 Essay1713 Words   |  7 Pagesimportant change in securities and corporate law since the New Deal. The act is named after Senator Paul Sarbanes of Maryland and Representative Michael Oxley of Ohio (Wikipedia Online).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Sarbanes-Oxley consisted of 11 different titles or sections. Title I is Public Company Accounting Oversight Board. It created a five member panel known as the Public Company Accounting Oversight Board, overseen and appointed by the Securities and Exchange Commission (Sarbanes-Oxley). The Board is to consistRead MoreAn Idea That Protects A Proprietor s Land Title1742 Words   |  7 PagesIndefeasibility Introduction Indefeasibility of title is an idea that protects a proprietor’s land title. It allows for the proprietor to be immune from attack by adverse claims and interests in the land, in which he, the proprietor, is registered. This concept is based around the Torrens system in New Zealand, this concept consists of three main principles, the mirror, the curtain and the insurance principles. This essay will discuss the concept of indefeasibility of title, the Torrens system and how these haveRead MoreWomen s Women Faced Gender Discrimination1737 Words   |  7 PagesCongress passed Title IX in order to end sex-based discrimination in higher education. Although, the act never explicitly states athletics, the act did become recognized frequently in the case of athletics in higher education. In addition to athletics, Title IX extends to prohibiting gender bias in education and the workplace. Even though, there are gains in gender equality with the passage of Title IX, stereotypical bias infiltrate prejudices that frame the full potential of Title IX. Despite theRead MoreHow To Make A Basic Web Page Essay945 Words   |  4 Pagesread, and that is how HTML works. Now that there is some, not much, but some idea of how these pages are written, lets look at some of the important commands that make a page work. As stated earlier, all web documents must begin and end with the *html* tag. So the first thing you would do would be to open Notepad, or even Microsoft Word and type *html*, and no the commands are not case sensitive, so it does not have to be upper or lower case letters. Now that the computer knows that you areRead MoreA Detailed Lesson Plan in English 41400 Words   |  6 PagesA DETAILED LESSON PLAN IN ENGLISH IV I. Objectives 1. Use easily confused verbs ( Two – word verbs) 2. Give a heading or title for texts read without title. 3. Writing a paragraph II. Subject Matter: 1. Use easily confused verbs ( Two – word Verbs) 2. Give a heading or title for texts read without title. 3. Writing a paragraph A. Materials: Visual Aids B. References: 1. BEC 2002 Handbook in English 2. Fun in English Reading 3. Fun in English languageRead MoreHarassment Towards Women Playing Educational Sports1657 Words   |  7 Pagesthe fields only applied to boys. Unfortunately, before Title Nine was established in 1972, there was a great deal of harassment towards women playing educational sports. This new amendment to the Civil Acts, broke down the barriers for women, and demanded proportionality between mens and womens athletic programs. Due to the way of society 35 years ago, Title Nine was necessary for women to receive equal rights in educational sports. Title Nine, an act passed in 1972, prohibits discrimination inRead MoreCycle Of Loans : The Loan Industry Essay872 Words   |  4 Pagesloan for $300 dollars, which was the smallest amount, and receives $255 dollars to pay for his car repairs. Now come Bob s next payday, he only gets a $100 dollars which means he doesn’t have enough money to pay for his weekly expenses. Bob is forced to roll over his loan or take out a new loan in order to survive. This causes the loan to continue to grow in size, until said loan is now for a thousand dollars, and Bob needs to borrow money in order to pay it off. These loans are essentially a financial

Thursday, May 14, 2020

Essay on The Imagery of Othello - 2452 Words

The Imagery of Othello Talks In the tragedy Othello the Bard of Avon uses imagery to talk between the lines, to set moods, to create a more dramatic impact on the mind of the audience, and for other reasons. Let’s consider imagery in this essay. A surprising, zoo-like variety of animal injury occur throughout the play. Kenneth Muir, in the Introduction to William Shakespeare: Othello, explains the conversion of Othello through his increased use of animal imagery: Those who have written on the imagery of the play have shown how the hold Iago has over Othello is illustrated by the language Shakespeare puts into their mouths. Both characters use a great deal of animal imagery, and it is interesting to note†¦show more content†¦It is true that the play contains many references to â€Å"heaven and hell and devils.† as Wilson Knight has pointed out. But Mr. Knight has wisely refrained from drawing the conclusion that Shakespeare means thus to comment upon Othello’s ultimate fate. (66) The vulgar imagery of the ancient dominate the opening of the play. Francis Ferguson in â€Å"Two Worldviews Echo Each Other† describes the types of imagery used by the antagonist when he â€Å"slips his mask aside† while awakening Brabantio: Iago is letting loose the wicked passion inside him, as he does from time to time throughout the play, when he slips his mask aside. At such moments he always resorts to this imagery of money-bags, treachery, and animal lust and violence. So he expresses his own faithless, envious spirit, and, by the same token, his vision of the populous city of Venice – Iago’s â€Å"world,† as it has been called. . . .(132) Standing outside the senator’s home late at night, Iago uses imagery within a lie to arouse the occupant: â€Å" Awake! what, ho, Brabantio! thieves! thieves! thieves! / Look to your house, your daughter and your bags!† When the senator appears at the window, the ancient continues with coarse imagery of animal lust: â€Å"Even now, now, very now, an old black ram / Is topping your white ewe,† and â€Å"youll have your daughter covered with a Barbary horse; youll have your nephews neigh to you; youll have coursers forShow MoreRelatedImagery in Othello1781 Words   |  8 PagesThe function of imagery in the mid-sixteenth century play Othello by William Shakespeare is to aid characterisation and define meaning in the play. The antagonist Iago is defined through many different images, Some being the use of poison and soporifics, sleeping agents, to show his true evil and sadistic nature. Othellos character is also shaped by much imagery such as the animalistic, bla ck and white, and horse images which indicates his lustful, sexual nature. Characterisation of women is heavilyRead MoreUse of Imagery in Othello1555 Words   |  7 Pagescreate pictures through his words. A great author can create the same imagery for centuries to come. The function of imagery in the mid-sixteenth century play Othello by William Shakespeare is to add characterization and eventually define meaning in the play. The antagonist Iago is defined through various images, some being the use of poison and sleeping aids, to show his true evil nature. Othello’s character is also shaped by imagery such as the black and white, animalistic, and horse images, whichRead More Imagery in Othello Essay example1271 Words   |  6 PagesImagery in Othello  Ã‚         The vast array of natural imagery in Shakespeare’s tragic drama Othello dazzles the audience’s minds. Let us survey in this essay the varieties of imagery referred to by the playwright.    The vulgar imagery of Othello’s ancient dominates the opening of the play. Francis Ferguson in â€Å"Two Worldviews Echo Each Other† describes the types of imagery used by the antagonist when he â€Å"slips his mask aside† while awakening Brabantio:    Iago is letting loose theRead More The Use Of Animal Imagery In Othello Essay1040 Words   |  5 Pages In William Shakespeare’s play â€Å"Othello† the use of animal imagery was evident throughout the telling of the story. Shakespeare explained several characters actions by comparing them to similarities in animals. The characters in â€Å"Othello† were often depicted as having animal-like characteristics. Some characters were even compared to animals by other characters in the play. By defining characters in terms of these characteristics one can get a clear description of what the character isRead MoreExploring How the Symbolism and Imagery of Blackness Help Shakespeare to Create Meaning in Othello795 Words   |  4 PagesExploring How the Symbolism and Imagery of Blackness Help Shakespeare to Create Meaning in Othello Shakespeare uses various symbol of blackness to express negative and racist attitudes. He does this to meet the expectations of the Elizabethan audience, who held certain misconceptions about black people. Shakespeare uses this early in the play and involves characters such as Brabantio, Iago and Roderigo, this also assist in the construction of imagery. These racist remarks areRead MoreThe Development of the Character of Othello as Shown by his Use of Language and Imagery in William Shakespeares Play2263 Words   |  10 PagesThe Development of the Character of Othello as Shown by his Use of Language and Imagery in William Shakespeares Play During the course of the play Othellos character goes through a series of changes, but ends up almost the same as when the play started, calm and in control. This change in Othellos character is like a rollercoaster; he starts off calm, collected and in control, and then quickly progresses to losing control and allowing jealousy to take him over. HoweverRead MoreTheme Of Black And White In Othello1072 Words   |  5 PagesShakespeare’s tragic play Othello is a tale of power, love, and deception. However, racial prejudice is also a critical component in the play’s larger assertations, and the abundance of black and white imagery throughout it suggests that white is synonymous with good and that black is synonymous with evil. As such, this imagery is vital to the play’s overriding paradox, which is that Othello â€Å"is far more fair than black† (Shakespeare 1.3.285). To clarify, Shakespeare portrays Othello as inherently ‘good’Read MoreIago : The Rhetorician Conspirator1680 Words   |  7 PagesDavin Truong Professor Bains English Writing 301 11/13/14 Iago: The Rhetorician Conspirator In William Shakespeare’s Othello, the antagonist Iago is arguably the most heinous villain in all of literature. His ability to shape shift in and out of character is what makes him unique. His tactics are similar to that of a cold blooded chameleon. Iago’s art of persuasion, his mastery of rhetoric as well as his ability to sense his victims’ insecurities and weaknesses, is what makes him so diabolicallyRead More Free Othello Essay: The Disintegration of Othello590 Words   |  3 PagesDisintegration of Othello nbsp; nbsp;nbsp; Shakespeares Othello is a play with unique characters. One such character is the one for which Shakespeare names his play. In the play, Othello disintegrates from a confident leader to a homicidal murderer. Linguistic changes throughout the play attest to this theory. nbsp; In the opening scenes, Shakespeare portrays Othello as a noble character. When Brabantio seeks vengeance (for stealing his daughter) on Othello, Othello expresses his actionsRead MoreIago, By William Shakespeare1669 Words   |  7 PagesIn William Shakespeare’s Othello, the antagonist Iago is arguably the most heinous villain in all of literature. His ability to shape shift in and out of character is what makes him unique. His tactics are similar to that of a cold blooded chameleon. Iago’s art of persuasion, his mastery of rhetoric as well as his ability to sense his victims’ insecurities and weaknesses, is what makes him so diabolically ruthless. Throughout the play, one can truly see the power of words and their delivery,

Wednesday, May 6, 2020

Girls And War A Two Film Analysis - 1436 Words

Girls and War: A Two-Film Analysis ‘Speculative fiction encompasses that which we could actually do. Sci-fi is that which we re probably not going to see.’ (Margaret Atwood) Speculative fiction and Sci-fi are often seen in the same light, although contrasting by a large margin. Speculative fiction is an extensive literary genre, imagining utopian, dystopian, futuristic, and post-apocalyptic fiction to create stories for many different age groups. Normally, the author explores, or speculates, how major issues in their time period will change the future. Speculative fiction texts are a product of the time period in which they were created. Ex Machina, directed by Alex Garland, and released in 2015 explores the issue of gender roles, and†¦show more content†¦As the end of Ex Machina nears, Ava manipulates all other main characters to conform to her plan of escaping, including Kyoko, another one of Nathans bots, designed as a maid. Ava then completely ignores all la ws of robotics and murders a human, while also leaving another human locked in an office to die. In ways, this scene can be watched from a subconscious viewpoint, to show women standing up against the male, to fight for themselves, and how females can be more powerful than males. This future, as shown by Ex Machina, shows how humanity is on the brink of mass AI, and the lead brain behind this is a sex-crazed billionaire. Every bot Nathan had made up to the point in the film had been made with an intention of sex, and this shows the male mind and the portrayal of females. Ex Machina is more of a film about a male fantasy of having a perfect, and subservient, sex robot than it really is about an â€Å"existential† threat. The drama in Ex Machina comes from the ultimate male fear: a woman who fights back and asserts her independence. Ava’s ultimate function is not to test new technology or to check the technological limits of consciousness, however to create the perfect lady for a selfish male who is, it s tacit, sort of tired of the important issue. Not once throughout Ex Machina do either of the lads think about the likelihood of a male-shaped mechanism. Or a child. No, it should be aShow MoreRelatedAnalysis Of The Book Mad Max Franchise 1709 Words   |  7 Pagesinfluence Mad Max characters, their stories, and the series. Body Synopsis Mad Max: Fury Road follows the protagonist Max Rockatansky as he drifts around in a post-apocalyptic Australian outback. Early on, Max is captured by a gang later known to be the war boys of Immortan Joe, a ruthless dictator. Joe rules over The Citadel, one of few areas with vast amounts of water and greenery; things that Joe hoards to himself and those close to him. While Max is in captivity, Joe sends a top-ranking soldier, imperatorRead MoreSpirited Away : Film Directed By Hayao Miyazaki Essay1017 Words   |  5 Pages Spirited Away is film written and directed by Hayao Miyazaki. The messages contained within Spirited Away are almost entirely steeped in symbolism. On the surface, the film can be seen as young girl that struggles through a terrifying situation while trying to maintain and develop her personal identity. This is indeed the story I believe Hayao Miyazaki intended to tell. However, there is symbolic representation behind almost every single character and object of the film. There are smaller metaphorsRead MoreAnalysis Of Anne Frank971 Words   |  4 PagesGenre Analysis Essay In 1942 war broke out in Germany, Hitler, the leader of the Nazi’s, sent out Nazi troops to rid the world of Jewish people and make Germans rule completely. Many Jews fled the country and went into hiding living under strict rules, in fear of being found. A young girl named Anne Frank lived during this time. While in hiding, Anne wrote down all her experiences in a diary and her story went down in history. Three different genres of information help describe Annes life duringRead MoreReview Of Grave Of The Fireflies And The Picture Of Accidental Napalm 1443 Words   |  6 Pagesthan one level of interpretation. The two texts which will used in this essay are the film ‘Grave of the fireflies’ and the picture of ‘Accidental napalm’. ‘Grave of the fireflies is the realistic drama which focusing on the story of the fourteen-year-old Seita and his four-year-old sister suffering and eventual starvation deaths by the World War II. In the photo of Na palm Girl which released on the June 9, 1972 about the image of nine-year-old South Vietnamese girl who running naked on the road wayRead MorePans Labyrinth Film Analysis Essay1208 Words   |  5 PagesVanessa Salfen 6/29/2012 Visual Analysis Pan’s Labyrinth: A Visual Analysis Pan’s Labyrinth, originally titled El laberinto del fauno, was published in 2006 by the Spanish director Guillermo del Toro. The story is set in the year 1944, in the country-side of a post-Civil War Spain. A young and imaginative girl named Ofelia, played by Ivana Baquero, travels with her pregnant mother, Carmen Vidal, who is very ill; in order to meet and live with her stepfather, a cruel and sadistic man named CapitanRead MoreHow Birth Of A Nation Reinforced Antebellum Stereotypes About African Americans1564 Words   |  7 PagesStereotypes about African-Americans In the early 1900s, the movie industry in America developed the atmosphere filled with racial and political medium, which later became a propaganda tool for selling of brute caricature. Many will recognize the films titled Birth of a Nation by D.W. Griffith, which was very historical since its technological innovation embraced or portrayed all the anti-Black caricatures, and other brutes. Sing Griffin was a Kentuckian, and someone who believed in the SouthernRead MoreEssay about The Third Man, Historical Analysis1550 Words   |  7 PagesThird Man, Historical Analysis A Review of the Film APA The Third Man, was filmed in post World War II Vienna, releasing in 1949. The film was written by Graham Greene, directed by Carol Reed, and produced by the American David Selznick and the British Michael Korda. The black and white, pessimistic film â€Å"is one of the greatest British thrillers of the post-war era, in the best Alfred Hitchcock tradition, and beautifully produced†¦.It was voted the #1 British Film of the 20th Century†Read MoreForrest Gump : Active Video Note Taking, Questions, And Analysis Paper1154 Words   |  5 PagesActive Video Note-taking, Questions, and Analysis Paper Directions: Now that we have practiced, implemented, and analyzed the first two standards in the Common Core Reading for Literature 9-10, students will attempt to apply these skills to another medium: a film. The class will watch Forrest Gump, and when finished, compose a detailed analysis based on both of the skills or standards that were instructed: Standard 9-1: Cite textual evidence to support analysis of what the text says. Standard 9-2:Read MoreFarewell My Concubine Essay937 Words   |  4 PagesConcubine, addresses the Chinese political issues during the war against Japan via interpersonal issues of an opera troupe of young male actors. The movie is as long as it is engaging. With two orphan boys who are raised to act in an Opera for their entire lives, dedication obtains a whole new meaning. Dieyis training to act as a woman and to reflect femininity in his whole life increases the dissension that is observed within the film as well as its connections to the politics of China. The useRead MoreWomen s Impact On The Media Industry1067 Words   |  5 Pagesof women in media is shocking! Media is one of the most powerful tools to educate, effect social changes and spread political awareness in the world. From childhood our personalities have been shaped due to films and TV programmes, yet only 12% of protagonists in 2014s top 100 grossing films were female. This is only one of the many examples of how women are unfairly disadvantaged in the media industry. This is ridiculous in a world where gender equality is thought to be greatly improved. Woman have

Tuesday, May 5, 2020

Legal Relations Business and Corporations Law

Question: Discuss about the Legal Relations for Business and Corporations Law. Answer: Introduction: The case study describes an agreement between a father and his son, Richard, for the upkeep of the family compound at a weekly fee of two hundred dollars ($200). After four weeks the father reneges on his end of the bargain stating that it is Richards responsibility as a family member to care for the compound. He argues further that as Richard is getting free board and lodging payment should not be required. The scenario in question gives rise to various issues under Contract Law. It is evident that an agreement was arrived at between Richard and his father, however, whether this agreement creates a contract enforceable by law is the key issue to be discussed in this paper. Gulati (2011) believes that the essence of Contract Law is validating promises made by parties in exercise of their free will and independence. Generally, for a contract to exist an offer and an acceptance, intent to be bound by law, consideration, capacity and freedom to contract, as well as the comprehension and approval of the circumstances in place should be present (Elements of a Contract 2015). According to Andrews (2015), the intent to create legal relations doctrine goes hand in hand with the Doctrine of Consideration, that is, the element of a price paid. As such, should a person wish to sue on a promise he must first show the element of consideration exists and that secondly the promise was exchanged under circumstances illuminating an intent to create legal relations (Andrews 2015). Evidence on the existence of intent can be either express, by way of words, or implied in the parties actions (Latimer 2012). In Grant v Bragg [2009] EWCA Civ 1228, the court recognised that where parties have agreed that informal agreementsshould be finalised in writing, the effect is to render the parties dealingssubject to contract. With regard to intention being implied by the parties actions, McHugh JA in Integrated Computer Services Pty Ltd v Digital Equipment Corp. (Aust) Pty Ltd [1988] CA 365, stated that a contract may be inferred from the acts and conduct of parties as well as or in the absence of their words. This conduct should be analysed to determine consensus, this point was reinforced in Ormwave Pty Ltd v Smith [2007] NSWCA 210. With regard to intention, agreements have been categorised into those of a social or domestic nature and those of a business or commercial nature (Gibson 2014). Social or domestic agreements are those involving family members or friends as parties in which a rebuttable presumption that parties did not intend legal relations exists (Gibson 2014). Traditionally, agreements created under the social or domestic context were unenforceable as they were presumed, at first instance, to be lacking serious intention (Gibson 2014). It was believed that in respect of policy, contract law should not interfere in family situations as the courts would be flooded by petty family discords (McKendrick Liu 2015). The decision in Ermogenous v Greek Orthodox Community of South Australia Incorporated [2001] 209 CLR 95, change the test for intention from a rebuttable presumption to an objective analysis of the conduct of the parties (Gibson 2014). According to Lord Denning in Merritt v Merritt [1970] 1 WLR 1211 courts did not attempt to adduce intention by examining the minds of the parties but rather by inquiring whether a reasonable man would consider the agreement as an intention to contract (Gulati 2011). The leading decision in domestic arrangements, other than those between married parties, is Jones v Padavatton [1969] 1 WLR 328 CA where a daughter resigned from her job in the US and moved to London on her mothers invitation (Furmston Tolhurst 2010) The mother had promised to pay her $200 a month if she moved to London to study for the bar, after various attempts and failures at the examination the mother terminated the agreement and sort to repossess the house she had purchased for her da ughter based on the aforementioned agreement (Stone Devenney 2014). In this case, Salmon LJ analysed the facts rather than automatically applying a presumption and found that a valid contract was in operation although it had since expired (Andrews 2015). In addition to the objective test, courts have also in some cases opted to respect custom as a test for the intention to create legal relations among familial parties (Lucke 1970). This was illustrated in Tarverner v Swanbury [1944] SASR 194 where an Italian immigrant and market gardener hired his son for a number of years with the promise of his sustenance and some allowance. In this case, Reed J stated that intention to contract was absent in the agreement as it observed an Italian custom that was not normally subject to legal deliberation (Lucke 1970). The agreement between Richard and his father in the case study provided is one that falls in the bracket of social and domestic agreements. At first instance, it would be subjected to a rebuttable presumption that it was not meant to be legally enforceable. However, as courts have evolved to adopt objectivity in adjudging such cases, the question of intent will be answered by inferences from the conduct of Richard and his father. It is clear from the conduct of Richards father that this was not a matter he intended to be legally enforceable as it is every family members responsibility to care for the property. Should Richard decide to proceed with filing a suit to seek any remedy, he should be advised that the onus would be on him to prove that the agreement was a valid contract. He should also prove that it is not customary for parents to hire their children in his community, where such arrangements are free of intention to contract. It is important to note that proving intent in su ch cases is an uphill battle for the plaintiff and the reasonable solution would be to handle the matter amicably outside of court. Frere Bros contracted Joe, based on his prowess in the acting industry, for five years during which he was not to offer his acting services elsewhere. However, a year later, Joe engaged Pretty Pictures in an agreement to star in their film. The issue in question in this scenario is whether Joes actions constitute a breach of contract. This will be determined by analysing whether the exclusivity clause, restraining Joes freedom of employment, was valid. At face value, it would seem that there was indeed a breach of contract as Joe violated a term in the contract that he had previously agreed to. However, as will be seen, the issue of exclusivity clauses in personal service contracts is one that elicits great discourse due to its sensitive nature. There exists, in every contract, an implied requirement that each party act in good faith so as not to hinder the contracts execution (LaMance 2013). Employment contracts, in particular, expect good faith and fidelity from an employee in their service where fidelity simply requires an employees consideration for their employers interests (Contracts of Employment The Duty of Fidelity 2013). Smith LJ in Robb v Green [1895] provided the first expression of this duty in its modern form as an implied obligation of the servant to serve his master with good faith and fidelity (Frazer 2015). The Duty of Fidelity comprises of clear elements such as the duty not to compete with the employer which has been identified in case law as illustrated in Hivac Ltd v Park Royal Scientific Instruments Ltd CA 1946 (Brooks 2001). In this case, the plaintiffs employees worked for the defendant, who operated in the same industry, during their spare time; the spare time work was held to be a breach of contra ct based on the Doctrine of Fidelity (Brooks 2001). The orthodox standing of the law with regard to breach of exclusive service clauses has been the decision in Lumley v Wagner [1852] EWHC (Ch) J96, where Lord St Leonards granted an injunction restricting an opera singer from performing at a theatre as she had contacted to perform exclusively at the plaintiffs theatre for a period of three months (Brooks 2001). The rule in Lumley was also applied in Curro v Beyond Productions Ltd [1993] 30 NSWLR 337 to prevent a television presenter from breaching her service contract by switching to a different television channel (Latimer 2012). This rule has been keenly observed by Australian courts over the years, which have been more traditional than the British ones (Brooks 2001). According to Brooks (2001), with regard to restraints in the course of employment, British courts have adopted the category of specified services over the traditional one of special services restricted to the entertainment industry. They have opted to accept the legitimacy of exclusive service contracts on the grounds that the restriction on other employment is limited to the specific field in which the employer is concerned and that said restriction is reasonable (Brooks 2001). The test for reasonableness involves weighing the employees short-term loss of employment against the loss of skills to a competitor (Brooks 2001). The restraint will be enforced by a court of law if it is proved that the employer has a genuine interest to protect and the clause does not overreach in protecting this interest (Brooks 2001). Additionally, an employer who wants exclusive service must obtain an express agreement to that effect (Brooks 2001). Contracts for personal service are not usually subject to the doctrine of specific performance (Latimer 2012). This is because the effect of such a remedy would force the party in breach to either execute their end of the bargain or starve (Sullivan Hilliard 2016). This point was illustrated in Warner Brothers v Nelson [1937] 1 KB 209 where the courts granted injunctions rather than specific performance orders as remedies for breach of exclusivity clauses(Sullivan Hilliard 2016). Lord Cairns in Doherty v Allman [1878] 3 App Cas. 709 stated that where parties, at a reasonable price, who are well aware of the circumstances in question, agree to prohibit a particular act or omission, then the work of an equitable court, through an injunction, would be to simply enforce the agreement, that the particular act or omission is prohibited (Riley 2012). Additionally, where a term in a contract creates a requirement, which if infringed, renders said term valueless and ineligible for compensat ion then damages in such a case are likely to be inadequate (Riodan 2004). In the case study provided, Frere Bros made it expressly clear in their contract with Joe that they required exclusive service by ensuring he promised to work with only them for a period of five years. Additionally, Pretty Pictures is a business operating in the same industry as Frere Bros and as such they are competitors. Joes skill as one of the best actors in the industry would give Pretty Pictures a competitive advantage over Frere Bros. This goes to show that Frere Bros does, in fact, have a genuine interest to protect by restricting Joe from contracting with other film production companies. With this is mind it is clear that Joe has breached his duty of fidelity to Frere Bros. As a remedy of damages would be inadequate and that of specific performance highly prejudiced against the actor, Frere Bros can only seek an injunction to stop Joe from contracting with Pretty Pictures. References Andrews, N., 2015, Contract Law, Cambridge University Press. Brooks, A., 2001, The Limits of Competition: Restraint of Trade in the Context of Employment Contracts, UNSW Law Journal, 24(2), 346-381. Frazer, A., 2015, The Employees Contractual Duty of Fidelity, The Law Quarterly Review, 131(1), 53-77. Furmston, M. Tolhurst, G.J., 2010, Contract Formation: Law and Practice, Oxford University Press, Oxford. Gibson, A. Fraser, D., 2013, Business Law 2014, Pearson Education, Australia. Gulati, B., 2011, Intention to Create Legal Relations: A Contractual Necessity or An Illusory Concept, Beijing Law Review 2(3), 127-133. LaMance, K., 2013, Contract Good Faith and Fair Dealing, in Legal Match, viewed 5 September 2016, from https://www.legalmatch.com/law-library/article/contract-good-faith-and-fair-dealing.html. Latimer, P., 2012, Australian Business Law, CCH Australia Ltd. Lucke, H.K., 1970, The Intention to Create Legal Relations, The Adelaide Law Review, 3(4) 419-430, viewed 5 September 2016, from https://www.austlii.edu.au/au/journals/AdelLawRw/1970/1.html. McKendrick, E. Liu, Q., 2015, Contract Law: Australian Edition, Palgrave Macmillan. OSullivan, J. Hilliard, J., 2016, The Law of Contract, Oxford University Press. Riley, J., 2012, Sterilising Talent: A Critical Assessment of Injunctions Enforcing Negative Covenants , Sydney Law Review, 34(4), 617-635, viewed 5 September 2016, from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2244676. Riordan, J., 2004, Equitable Remedies, Jaani Net Resources, 1-13, viewed 5 September 2016, from https://www.jaani.net/resources/law_notes/contracts/13_Equitable_remedies.pdf. Stone, R. Devenney, J., 2014, Text, Cases and Materials on Contract Law, Routledge. The Law Handbook, 2016, Elements of a Contract, viewed 5 September 2016, from https://www.lawhandbook.org.au/07_01_02_elements_of_a_contract/. TWN Solicitors, 2013, Contracts of Employment-The Duty of Fidelity, viewed 5 September 2016, from https://www.twmsolicitors.com/news-and-blogs/contracts-of-employment-the-duty-of-fidelity/.