Research for Study Purposes Essay Example | Topics and Well Written Essays - 1000 words

Research for Study Purposes - Essay Example 2. Professional mode - to be found in professional journals, magazines and newspapers. Its purpose is to 'add to practical knowledge' and its audience is mainly practising professionals, teachers and others engaged in the educational service. 3. Pedagogic mode- to be found in research assignments, dissertations and theses. Its purpose is to 'demonstrate to a tutor, and possibly and external examiner, that the student is learning to conduct systematic, critical and self-critical enquiry.' - found in professional journals. Whatever type of research an individual is carrying out, there are different sources which can be used, all of which have both positive and negative aspects. Source materials include books, journals, internet, CD Rom's, video / DVD's, audiotapes, magazines and newspapers. All of these sources are secondary forms of information. Dependant on the nature and purpose of research being carried out it may be deemed both viable and valuable to carry out primary research. Such methods may include focus groups, one to one interviews or questionnaires / surveys. The success of which will to a large extent depend upon the professional nature, skill and ability of the interviewer / conductor or question setter. Research in this instance could be quantitative for numerical statistical analysis or qualitative for descriptive evaluation. Regardless of the research source material Ary et al (2004) reports that: Research must be appropriate for its audience. Research should have a clear aim e.g. to describe a situation, to inform action, report to specific audience etc Research should have a purpose - to impart knowledge, for accountability, accreditation etc Research should be written appropriate to its audience e.g. academics, fellow professionals Research form may take various paths, entirely text based, multimodal maybe containing video or audio recordings, links to websites, etc A research paper should consider its relevance to its audience in terms of length, style and genre and be written appropriately Research should take into account the role of the respondents - make them feel valued Research from whatever means will also share the following limitations; Legal and ethical considerations - relating to confidentiality, ownership and management of data, copyright and intellectual rights. These must be considered before data collection and agreed with all the relevant parties. The new Data Protection Act (1998) came into effect in UK in 2000 and researchers must be considerate of exactly what their data collection involves and what is to be done with the data before they seek the relevant authority. Methods of research need to be practically considered before being undertaken wholesale for practicality. (i.e. interview = more personal v questionnaire = anonymity) Research needs to be objective and devoid of bias. Ary et al (2002) states that 'bias may result from selective observations, hearing only what one wants to hear, or allowing persona attitudes, preferences and feelings to affect interpretation of data'.

Internal Analysis as a part of strategic planning process of WRSX Assignment

Internal Analysis as a part of strategic planning process of WRSX - Assignment Example Strategic planning is a means of planning at present about the desired future of the company using the knowledge and information about the company today (Special Libraries Association, 2001, p.1). WRSX is a global advertising company, which has been successfully delivering good fortunes in the advertising industry for the past 8 years. Until recently, for about a year, the company had been underperforming below what it is capable of. Failure in strategic management is the primary reason behind this situation. A well-defined, effective strategic plan is the key to success of the company in the near future. This study shows the benefits involved in including internal analysis as a part of the strategic management process and how it can bring WRSX in the right track towards its sustainability and success, in this changing world. Typically, a strategic management process consists of four broad areas. They are: Environmental Scanning, Strategy Formulation, Evaluation and Control (Akhafaji , 2003, p. 6). All these four components are inter-related to each other. Effective strategic planning helps the company to remain focused and achieve the future goals and objectives successfully. Basically a strategic planning process has four main purposes.... The Resource Based View (RBV) approach to strategy management is a tool to identify the potential resources of a firm which can be utilized to achieve competitive advantage and can result in strong performance of the company in future (Barney, J & Penrose, E, 2011). Short-term competitive advantage created from use of available resources of WRSX productively can lead WRSX to sustaining that competitive advantage for a long term if these resources are not imitable or substitutable easily. WRSX needs to develop its resources into core competencies to create competitive advantage. For this VRIN model can be utilized. This model includes the following five attributes of resources: 1) Valuable, meaning the resources must be valuable to the company in creating the strategy, 2) Rare, meaning the resources must be scarcely available to others, in creating value to the company, 3) In-imitable, meaning it cannot be easily imitated, and 4) Non-substitutable, meaning that availability of substit utes are rare (Rothaermel, 2008, p.208-209). WRSX has always been known for creativity and innovation. These are the two key attributes which is very much valuable to the company. These can neither be imitated nor substituted because creations and innovations of WRSX are its own and developed by WRSX only. WRSX enjoys a core competency in developing creativity and is an absolute necessity for an advertising agency like WRSX to satisfy its customer requirements. This helps WRSX attaining competitive advantage over its rivals and must build on it and work for more and more creations and innovations and encourage it at all levels of the company. Development of strategic capabilities can also be a key to the success WRSX. The six

It Is Difficult to Remain a Bystander in the Face of Conflict. Discuss. Essay Example for Free

It Is Difficult to Remain a Bystander in the Face of Conflict. Discuss. Essay It is difficult to remain a bystander in the face of conflict. discuss. In any discussion of conflict it is important to consider the many types of conflict that can be experienced and the likelihood of remaining aloof from the ideological, emotional, physical, moral and spiritual dimensions of conflict. Conflict in general can be found in all of human history and in its reflection in art, poetry, literature and in the everyday experience of humanity. Moral dilemmas, property and border disputes, lovers’ spats, sibling rivalry, broken hearts, jealousy, envy and lust for power. The list is long, many people have sought to find a way to remain neutral but are inevitably drawn into conflict compelled by conscience, desire or belief, or are swept up in conflict as just collateral damage. By definition a bystander is a person present at an event or incident but does not take part. Conflict can show its face in many forms. But it’s not the nature of the conflict that can draw people from the sidelines; it can be the situation the person is faced with and completely reliant on the belief they hold and their moral constitution. A common real life example is when you pass a mugging in progress. You’re faced with a dilemma, to either help the stranger and risk physical harm to yourself or leave the stranger to his fate and remain safe yourself. It is not the situation of conflict that pulls onlookers into the fray, but the strength of an individuals will that plays the main role in whether one becomes a martyr for a cause or cowers. Galileo is faced with a similar situation where he is troubled by a spiritual and strong moral conflict where he must choose between science or faith. It was difficult for Galileo to remain a bystander, the inquisitive nature and the constant drive to seek the truth of how the celestial satellites behave given to him by Bertolt Brecht. Brecht used Galileo as a tool to illustrate that a man with passion can find it difficult to remain a bystander in the face of conflict â€Å"unhappy is the land where heroes are needed† Galileo saw himself as that hero, plagued with the task of educating Italy and the world. This task he bestowed upon himself resulted in much dispute between the church’s teachings and Europe. Galileo is also shown as ‘only human’ a man of flesh and bloo d that â€Å"enjoys the pleasures of life† but when faced with the threat of physical torture he quails. He It may be true that a person with passion may be easily stirred to rise to the  challenge of a spiritual or moral debate but conflicts of a physical nature, such as open conflict or a battle between ideological beliefs allows little choice to the surrounding bystanders to remain uninvolved â€Å"sooner or later†¦one must take sides. If one is to remain human† in Vietnam war many people took sides but just as many were ignorant and unwilling to partake in the violence and ideological conflict that was raging throughout South-East Asia. As the red wave of communism swept south-west endangering the old colonial powers. It was as if a hornet’s nest was struck. War pulls people, unwillingly towards it, to feed itself and to grow. The peasants were hit the hardest in the Vietnam war. â€Å"You and your like are trying to make a war with the help of people who just arent interested. They dont want communism. They want enough rice, They dont want to be shot at. They want one day to be much the same as another.† The peasants were used as pawns, seen as cheap human shields and laborers. The communists used villages to hide â€Å"it’s no use†¦After every attack the Vietcong hide their weapon and disguise themselves as farmers† using them for their own protection and gain. Equally the French and the communist used them to harvest the rice fields. ‘For in war, food is more valuable than gold’. For the peasants they had little understanding of the battles that raged around them but their ignorance did not protect them from stray bullets or mortar explosions. The quiet American explores a wide range of conflicts from the physical realm of open conflict to the ideological. Graham Greene through the polar opposite characters of Pile and Fowler illustrates that remaining uninvolved and untouched by these two forms of conflict is impossible. Through the large difference between the two characters we can see that there is no specific type of person that becomes â€Å"engage† when conflict arises but it is human nature to become involved. Fowler with age and experience, made bitter by the world and human nature and proudly unbiased in his views towards the conflict around him and Pile with youth, inexperience and a gentle simplicity of human nature. The stark contrast is a metaphor of how anyone can be drawn into conflict, even without noticing in Fowlers case. Fowler was shocked into action by Piles simple mined motives of the bombing and the simplicity in which he saw it. â€Å"Innocence is a kind of insanity† and Piles insanity caused many to become involved. The matter in which one stays detached from internal conflict such as matters of love is much more complicated. History and literature is ripe with stories of, kingdoms falling, Machiavellian politicians and heroes prevailing in the name of ‘love’. The human race is obsessed with the idea of love, whether it be love for one’s country, for one’s friends or one’s wife or husband. It is difficult to remain aloof from the desire and the calling we all secretly crave. Phuong is an interesting case. She managed to remain relatively independent from the two men who were fighting for her hand. This might be due to the cultural differences in the belief of love and duty of a woman, â€Å"she doesn’t love like you or I† compared to the mindset of a western woman. Greene uses Phuong as a metaphor for Vietnam. A silent, fragile thing with Fowler representing the old Colonial powers such as France and England While Pile representing the new age of America. Both fighting for supremacy over her. It may be true that remaining a bys tander when one is confronted with conflict is challenging but it is not the conflict itself that is to blame. It is difficult to remain a bystander in the face of conflict, but not for every situation. Each situation of conflict has a host of factors at play such as the type of conflict as well at the person affronted. Whether it is by choice or involuntarily our world and society is based upon conflict and how we deal with it. It may be safe to remain a bystander when faced with conflict.

Liberalism Is The Most Convincing Of Theories Politics Essay

Liberalism Is The Most Convincing Of Theories Politics Essay Other theories of international relation have been created to guide a states relationship with the international society. These include the classical realism, liberalism, the English school and others. Of all the theories of international relations learned in this module, liberalism interests me most. Liberalism as a theory in international relation holds some interesting supports and views which are not only important but very crucial and practical in the modern global economy. It is a political philosophy that emphasizes the power of institutions and individual liberalism seeks a society where there exists a free market economy that simplify private enterprise, exchange of idea is independent, rule of law and a transparent system of government. International relations, liberalism is of specific importance as regards world peace and security, environmental protection, trade and fostering good relation between different states. Liberalism and international relation It is no doubts that the issues of peace, security, welfare, environment and trade are the weightiest matters in international relation. No any other theory addresses these issues as does the liberalism. The basic argument is that, both the state and non state actors are important as far as international relations are concerned (Burchill et al, 2005). The state does not perform alone player in the international scene by enhancing their state capability. Rather, the state has to bias to individual benefit and other non state actors to guide and determine its behavior when dealing with other states or nations on that area. Therefore an individual should not work for the state but the state should be work to complete the wishes and concern of people. The reasoning is that individuals make up the state and the world is one big community of individual. This perception is specially very related with modern globalization and technological advancement which have seen the organization of a gl obal community. Dunne, Kurki and Smith (2007) could be observe that, the heart of assumption in all classical liberal theories is that domestic actors and structures strongly agree on foreign policy direction and the behavior of the state in international relations. Even though all under the powerful umbrella of liberalism, there exist different approaches with small differences in terms of how they view and interpret international relations. Mostly, liberalists could be seen on two dimensions. The first dimension comprises of those liberalists theories proceedings and interaction. It puts attention on the domestic actors and tries to understand, give explanation how their identities and interest to do decide foreign policy options and international relations (Burchill, 2005). The second dimension, on the other hand comprise of theories which bias themselves to structures and agents as the basis to international relations. Liberalists liable to this dimension take their care on institutional feature s within the state to explain international behavior (Dunni, Kurki Smith, 2007). According to two dimensions are further differed based on whether their theoretical assumptions support rationalism or constructivism. Despite the differences, liberalists hold important basic ideals which are particularly good and helpful in international relations. The basic principles of liberalism lay on the individual. The individual here also point to the collectivities of individuals such as institutions, firms and other organizations. The individual and not the states interests should come first. The work of the state is to support the rule of law and see to it that it is enforced. Since individuals are the ones who make up the state, the state cannot be active unilaterally except it is serving the benefit of those that it represents (Linklater, 2000; Richardson, 2001). The state derives power from the citizens and has controlled power to do unilaterally. The state should be governed in manner that respects the rights of its citizens to property, life and above all, individual freedom. Given that individuals expand to beyond the state such as international organizations and firms, are not only inconsistency but also cooperation can shape international affairs. Liberalism believes in the power of human reason and individuals rational principles could be put into perform in international relations. For example, according to Kant extrapolating in 1795 the foundations of liberal thinking; If the consent of the citizens is required to decide that war should be declaredà ¢Ã¢â€š ¬Ã‚ ¦ nothing is more natural than they would be very cautious in commencing such a poor game, decreeing for themselves all are the calamities of war. Among the latter would be: having to fight, having to pay the costs of war from their own resources, having painfully to repair the devastation war were leaves behind, and, to fill up the measure of evils, load themselves with a heavy national debt that would embitter peace itself that can never be liquidated on account of constant wars in the future. (Kant 1795)(as cited by Dunni, Kurki Smith, 2007). In a liberalist conduct state, individuals and not the state unilateral carefulness will have to determine on major decisions that affect international relations. The issue such as the war on terrorism which absolutely involves two or more state actors would have to be agreed by the citizens. In so doing, they would have weighed the benefits and costs of supporting such a move and agree to responsibilities and whichever outcomes results. The other point is those liberalists are very cheerful that, when individual are left free to make up their reason can attain mutually beneficial cooperation. Even though individuals, like they are left to reason freely tend to additional their own self interests. Such diverse self interests exist on just a few issues. In many of the issues individuals will have analogous views and interests. It is common interests on the majority of issues that foster mutual social interests and help set up good international relations. Thus of modernization and globalization are seen as the outcome of these reasoning. Since modernization represent progress be it economic or social which in turn develop the human life, so does international relations improve with liberalism. According to Evans Newnham (1998), the relevance and importance of liberalism in international relations could be seen in four areas. That are, the first area respects world peace. World peace cannot be achieved except there is the spread of democratic institutions in globally. By democratic institutions it means, there exist democratic systems in the state that allows people to freely scorn the elected government but no as to disagree with it, its right to be the government (Shapiro, 2003). Therefore exists free spaces through which individuals and other non-state actors can act with decorum, independence and vision. The second importance is belief of liberalism is that mean exist a natural harmony of interests. In this regard, people and sates will have the independence to make their own rational judgments and as a result is building national interest, international interests one and the similar. In basically, this core belief rests on the first one, it about democratic institutions. Where there is the being of democratic institutions, the state will not have the power to proceed unitary without respecting the will of its citizens. The state exists for the people and therefore it would not have any other alternative but to make decisions that majority of the people agree with. Individual actors will however have diverse interest spanning beyond their national boundaries. It is these spanning interests that in the long run create a natural harmony of interests. People will not have to be enforced to agree or harmonize their interests with other states but rather their needs will drive them to it. The third belief is concern the conflict resolution and respect for the rule of law. This belief similarly succeeds the second one of the democratic institutions. Under liberalism, self determination is never a suitable concept. Where conflicts therefore arise, there should be recognized judicial procedures or any other corresponding procedures that should be followed in resolving the differences. Such procedures could be negotiations or international institutions and area such as European Union, the United Nations or the International Criminal Court. Disputes resolved through these means will not only bring justice to the parties involved but will also be seen to reverence the rule of law (Griffith, 1999). The fourth and the last belief is that, collective security replaces the notion of self-help. When the people have vested interests spanning beyond national boundaries, they will grasp upon themselves that war, insecurity and terrorism will no only make affect that one state where insecurity exists, but also the interests that they hold in that state. They are likely union unity to against such ills. In addition, liberalism is about maintenance morality and decisions from supporting of ethical. States should therefore interfere on issues such as those affect on environment because it does not only affect a single state. There are generally four liberalistic concepts that are used to explain how cooperation in international relations can be achieved with liberalism and to make the world much better. These are the social liberalism, interdependence liberalism, republican liberalism and the institutional liberalism. That can be following the detail in below of this. Sociological liberalism According to this section of liberalism, international relations do not only apply to governments but as well as between private individuals groups and a whole of societies. Sociological liberalism views focusing international relations on the state to state actors like very limiting. in its place, international relation situations can be improved and can be made much more better if non state actors also were included to play a role. In generally of the liberalist, individuals are more peace loving than governments and the more they link up and network with each other beyond the states boundaries better for international relations. When the individual actors link up and cooperate beyond their national boundaries they form up transnational relations. According to Jackson Sorenson (2007), the transnationalism is the immediate outcome achieved when international relations advanced by the states is supplemented by relations among individuals, groups and societies. This relationship is stronger and long-lasting than any other kind of relationship because it has important consequences. This is because, if the states get to disagree, there are too many actors who depend and have helped set up that kind of relationship. This kind of relationship is often compared to the cobweb by illustrate the many non-state actors with all different types of external ties and interest with another. Transnational relations help establish a new form of human society which works beside or even in completion with the states. Non state actors have especially been empowered by technology and can be increased social communication (Sullivan , 2002). Due to pressure from these actors the state has no selection but to conform. A good example here would be the political situations of Kenya and Madagascar in Africa. Upon the disputed Kenyan presidential elections that were followed by ethnic aggression in 2008, it was non state actors that pressurized the contenders try to stop or broker the power sharing deal (Lafargue, 2009). In addition the modern world, as individual firms and businesses investment in other countries, they necessitate cooperation particularly if the investments are of public nature such as roads, communication infrastructures, and other public investments. The individual firms are becoming more important than the state itself due to globalization and innovations technological. Interdependence Liberalism As transnational relations increase, so does the level of interdependence to nearly the level of dependence. This both dependences therefore means that, individuals and the state are affected by what happens in other countries. Such as issues of war, terrorism, the pollution of the environment and some even economic policies will affect more than one country or neighbor countries (Daddow, 2009). In a good example here it is the political instability in Somalia and the current global financial crisis. The instability in Somalia has seen an increased security pressure of terrorist and terrorist groups which take advantage of the situation to advance their ills. In addition, there have been increased piracy in the chasm and the east African coast have seen many ships sailing the route be hijacked only to be released after payment for ransoms. The lack a purposeful of government has therefore degenerated from being a Somali problem to a world problem. Many of the ships being hijacked are not even headed to Somalia. For example in other in global crisis, it started in the United States. It has since affected all economies and although people at varying degrees. Such issues show how the level of interdependence has grown. Another philosophical issue there concerns the environment. Green house gases emission in China or the United States do not only affect climate or lead to global warming in the two countries only, but also in whole of the world. Even though some countries such as in Africa may have a little contribution on this, they may on the contrary be the main victims of climate change through hunger, poverty and malnutrition. Resolving such that issues need to requires the cooperation by both state and non state actors in all countries. Republican liberalism Republican liberalism examines liberal democracies as the most important of peaceful type of political system. Since there are only two types of democracies in the world, democratic and non democratic, three types of relationships in international relations are possible. These are: between a democratic and another democratic state between non-democratic and another non ­-democratic state, and between a democratic and another non-democratic state. The best form of international relationship happens to be one between two democracies. This is because more often than not domestic politics will determine the shape and nature of international relationship that state engages in democratic nations are founded on the principles of a domestic culture that promotes peaceful disagreement resolution, general moral values and commonly beneficial ties of economic cooperation and freedom making them difficult to engage in war with each other. Democratic relationship therefore fosters a form of dem ocratic peace because democracies are managed by citizens who are not at any one time shore up the idea of attractive in a war between two democracies. Republican liberalists single out war as the most serious evil in international relations (Steans, 2009). If a country is governed through democratic values, then it will be able to extend in the same when dealing with other nations. Democratic countries are also possible to agree on such issues as environment, world trade and other international issues. A liberal world is more than any other theory promotes respect for democracy in institutions and that promises the most peaceful international relations. Institutional Liberalism Liberalists strongly support for the establishment of international institutions because they make collaboration easier and likely (Weber, 2004). An example includes the European Union which although founded on simple values has highly developed to become a monetary union using the same currency amid member states (Kelstrup, 2000). Other institutions such ASEAN have been in the front line to simplify the six party talks to end the present stand off between the United States and the Republic of North Korea nuclear disarmament efforts. Institutions help encourage international cooperation and reduce the lack of trust and fear. This is facilitated by suitable and clear information about each other behavior and expectations. Liberalism helps to solve the most modern day issues in the international system. Liberalism, war, peace and security Wars were destroying effects to the nation, its people and the international community. Since the World War I and war II, it has been within the interest of nations to practice a world that is free from war peaceful and secure. The liberal consideration advocates that all states work together or at least reaches to a consensus to these fundamental issues (Barkawi Laffey, 2001). By advocating that states move towards establishing democratic values in their governance, democratic peace is achievable. Moreover, institutionalization, existence of economic ties and freedom between states helps decrease chances of war by promoting conversation, engagement and peaceful conflict resolution (Koldziej, 2005). Liberalism and the environment The effects of environmental pollution know on boundaries. Such as the issues a droughts, global warming, increasing of sea level as well as the hurricanes are very costly effects brought by environmental degradation. Liberalists there believe that, it is the moral duty of states to cooperate and stop or mitigate these damaging effects. There are two basic principles of liberalism that requires us to protect and guard the environment. These are the right to have each individual basic needs met and the fact of sensible pluralism. Under the first principle, the environment does not only help in providing our basic needs but also verify us of survival. Liberalism is concerned about the current and the future generation ability to meet the basic requirements and therefore calls for promise to environmental sustainability (Dobson Saiz, 2006) On the other hand, no rational individual will resist that survival depends on the physical environment and that it is good. In addition, no rationa l individual would argument the costly effects of years of environment ignore being experienced in the world today. It is therefore within the liberalist reasonable pluralism that calls for a shared responsibility and action towards environmental protection. Liberalism and international trade Liberalism advocates for the establishment of international institution and a move towards free trade. It calls for the abolishment of limitations and barriers to world trade. Protectionism, inequitable of trade and economic practices are critical issues at the heart of international relations. This is more with respect to the foreign relations between two world economic powers China and the United States. Through calling on increased combination, free trade, and peaceful conflict resolution, liberalism can help resolve most contradictory issues in international relations in the world today. Market liberalism offers the promise of a free, wealthy and pluralistic society for all people (Boaz, 2008). Liberalism and welfare Major issues of welfare comprise of health, hunger, poverty and human rights. Liberalism advocates that the state respects individual liberty. Democratic peace cannot be achieved if these welfare issues are not addressed. Moreover, no single state works in isolation due to the complex interdependence between nations. Liberal democracies consequently should intervene and cooperate in welfare issues (Sutch, 2001). Conclusion In conclusion, liberalism as theory guiding international relations is best placed to handle most modern issues affecting a states relationship with the international community. As have been already outlined, liberalism is the best placed theory in international relations that promises a secure and peaceful world, sustainable environment, trade without restrictions and other barriers, and respects human rights. For it however to work smoothly and yield better results, all countries must accept and be ready to adopt it. This is as evidenced by the fact that best relations and democratic peace only thrives between two democracies. So long as there continues to be non-democratic countries, applicability of liberalism faces many challenges especially with the consequences of globalization. There therefore might be need to alter some principles of liberalism in order to accommodate and guide relations with non-democracies.

The Adult Spinal Column :: Biology, Tissues

Abstract—Understanding the relationship between repetitive lifting and the breakdown of disc tissue over several years of exposure is difï ¬ cult to study in vivo and in vitro. The aim of this investigation was to develop an asymmetric Porovisco elastic ï ¬ nite element model of a lumbar motion segment that reï ¬â€šects the biological properties and behaviors of in vivo disc Finite element predictions were compared to in vivo measurements published by Tyrrell et al. (1985) of percent change in total stature for two loading protocols, short-term creep loading and standing recovery and short-term cyclic loading with standing recovery. Future models will treat the tissues as poor-assume elastic and 3D in order to be more accurate and the relationship between repetitive lifting and disc degeneration T I. INTRODUCTION he adult spinal column is made up of 26 bones, called vertebrae: 7 cervical in the neck, 12 thoracic in the rib area, 5 lumbar in the lower back, a sacrum and a coccyx. Located between adjacent vertebrae are intervertebral discs. The human intervertebral disc acts as the body’s shock absorber to properly diffuse the stresses that the spine encounters. It is made up of the inner, gel-like nucleus pulposus and the outer annulus fibrosus. Fluid flows through the disc in a diurnal cycle At the beginning of each day, the disc is fully hydrated, but as the day progresses, fluid is forced to flow out of the disc; this flow helps to carry nutrients into and waste out of the disc [1]. The exploration of biomechanical properties of living tissues is fundamental to the analysis of structural behaviour of the musculoskeletal system. It is known that mechanical properties of living tissues are time dependent. Creep, relaxation, constant strain rate loading, and cyclic loading represent the various physiological loading conditions that the human body confronts. For example, higher strain rates of loading can be used for simulating vehicular accidents or trauma, medium strain rates of loading for daily activity, creep for the prolonged static posture, and cyclic loading for work in vibrating environments, i.

The Colonization of Modern Africa :: Colonialism Imperialism

The Colonization of Modern Africa Many of today's distant countries are underdeveloped or not developed at all. People are going through famine and even dieing of starvation. These countries have demanding governments, and not enough money. Many countries with in Africa are just like this. The colonization of modern Africa has had many life changing effects on the people of Africa. Some of the effects of colonization are on the governments, the farming system, and the educational value. Colonization has greatly effected the governments of Africa. Africa gained political independence in the 1950's. Even though political independence was gained there are still many problems with their governments. There is a lack of political experience. Political boundaries, set by the Europeans, have cut across ethnic lines putting diverse people under the same government. This has lead to civil wars. The military is also weak. Just like the government, the farming in Africa is affected by colonization. Africa has many different forms of farming, one of them is Subsistence farming. Subsistence farming is when one farms for just for his family or village. Another type of farming is Commercial farming, or organized farming as a business. There is also Shift farming, which is when a farmer moves every one to three years to find better soil. Only two-fifths of Africa has arable land. Many farmers go hungry or bankrupt because they become dependent on one cash crop. Unlike the government and the farming problem of modern Africa, there are many good effects of colonization. Education has had many good effects like the new schools built and universities. People are furthering their educations and getting better jobs. There are so many more opportunities for people with a higher educations. The Colonization of Modern Africa :: Colonialism Imperialism The Colonization of Modern Africa Many of today's distant countries are underdeveloped or not developed at all. People are going through famine and even dieing of starvation. These countries have demanding governments, and not enough money. Many countries with in Africa are just like this. The colonization of modern Africa has had many life changing effects on the people of Africa. Some of the effects of colonization are on the governments, the farming system, and the educational value. Colonization has greatly effected the governments of Africa. Africa gained political independence in the 1950's. Even though political independence was gained there are still many problems with their governments. There is a lack of political experience. Political boundaries, set by the Europeans, have cut across ethnic lines putting diverse people under the same government. This has lead to civil wars. The military is also weak. Just like the government, the farming in Africa is affected by colonization. Africa has many different forms of farming, one of them is Subsistence farming. Subsistence farming is when one farms for just for his family or village. Another type of farming is Commercial farming, or organized farming as a business. There is also Shift farming, which is when a farmer moves every one to three years to find better soil. Only two-fifths of Africa has arable land. Many farmers go hungry or bankrupt because they become dependent on one cash crop. Unlike the government and the farming problem of modern Africa, there are many good effects of colonization. Education has had many good effects like the new schools built and universities. People are furthering their educations and getting better jobs. There are so many more opportunities for people with a higher educations.

Doctrine of Judicial Precedent Essay

Introduction Statutes and case law are two significant sources of the UK law. In the convention of common law, the law applied to a case is decided through judicial precedent and statutory interpretation. There can be effectiveness of judicial precedent and statutory interpretation in separation as well as when they are combined in the development of law. To what extend can a judge develop the law through the operation of doctrine of judicial precedent and application to the rules of statutory interpretation will be discussed in this assignment. In the first place, this assignment will give an introduction to judicial precedent and statutory interpretation. In the second place, how can judicial precedent and statutory interpretation develop the law will be analysed and evaluated. Eventually, the conclusion of this assignment will be given. Judicial precedent, a procedure whereby judges follow previous case with sufficiently similar facts, regulates case law, which is crucial to protect law stability. As MacCormick said: â€Å"to understand case law†¦ is to understand how it is that particular decisions by particular judges concerning particular parties to particular cases can be used in the construction of general rules applying to the actions and transactions of persons at large.† (James, 2010) Judicial precedent applies to the doctrine of stare decisis. That is to not disturb the decisions that are settled. For instance, through the stare decisis, the House of Lords held that the manufacturers owed a duty of care to their ultimate consumers of their goods in the case of Donoghue v Stevenson (1932), creating a binding precedent followed in Grant v Australian Knitting Mills (1936) in respects of duty of care and neighbor principle. The binding precedent is a legal principle formed by the ratio decidendi, the reason for the decision. This means that the ratio decidendi must be followed with the recognition of the legal reason for the decision in the previous case (Jacqueline, 2010). The remainder of a judgment is Obiter dicta. It is a statement made by the way, which though is not binding but can be persuasive in the future cases. Statutory interpretation is the process of how the statutes interpreted and applied by a judge. There are four approaches developed to deal with the task of interpretation, including literal rule, golden rule, mischief rule and purposive rule. When literal rule is applied, the words in the statutes are given their dictionary, original or everyday meaning, with the respect to the will of Parliament. For instance, in Whitley v Chappell (1868), with the application to literal rule, the court held that the defendant was not guilty since a dead person is not, in the literal meaning of the word, ‘entitled to vote’. Golden rule was defined in Grey v. Pearson4 (1857), â€Å"the ordinary sense of the words is to be adhered to, unless it would lead to absurdity, when the ordinary sense may be modified to avoid the absurdity but no further.† One of the illustrated cases is Re Sigsworth (1935). A son murdered his mother entitled to nothing since the court applied golden rule to modification to prevent repugnancy and absurdity. Instead of determining what the Parliament said, the Mischief rule is applied to what Parliament meant. The Mischief rule was applied in Smith v Hughes (1871). Lord Parker CJ held that the activities of prostitution were in a â€Å"street or public place† for the intension of the Act to prevent the mischief of the impact of solicitation on the passers by. With a wider application, purposive rule is aimed to give promotion to the general legislative purpose emphasizing the provisions. Lord Denning stated â€Å"†¦we sit here to find out the intention of Parliament and of ministers and carry it out, and we do this better by filling in the gaps and making sense of the enactment by opening it up to destructive analysis†. In Cutter v Eagle Star (1998), instead of literal rule, purposive rule is applied, holding that car park was a road, which underlies the Road Traffic Act (1988). Also, a purposive approach is now often applicable as a result of European Law. (James, 2010) Examples and evaluations of development The judicial precedent is regarded as the backbone of the common law whereas approaches of statutory interpretation have developed as significant tools in interpreting the statutes. Furthermore, there has been a notable synergy between judicial precedent and statutory interpretation in the development of law. First of all, the development of law can be achieved by applying a suitable decision from previous cases with similar materials. In the case of Shaw v DPP (1962) the House of Lords held that a crime of conspiracy to corrupt public morals existed. The conspiracy to corrupt public morals consisted of an agreement to corrupt public morals by means of the magazine, and the defendants had been rightly convicted. This was followed in Knuller v DPP (1973), being held that an agreement to publish adverts to facilitate the commission of homosexual acts between adult males in private was a conspiracy to corrupt public morals (E- lawresources, N/D). Therefore, with the application to doctrine of judicial precedent, the decision in a previous case can be applied to similar cases in the future, which then can contribute to the development of law in terms of quantity, certainty and stability. In addition, since consistent decisions are provided, the law is more possible to ensure fairness, and the citizens can be more willing to trust the law with confidence of being treated fairly. On the other hand, it is said that the doctrine of judicial precedent can be too rigid, as there seems to be a tendency that the binding precedent will be strictly applied in the decisions of cases. Also, since there are no uniform cases, the operation of the doctrine of judicial precedent may lead to a certain degree of injustice, leaving limited space for the development of law. However, the rigidity of judicial precedent can be avoided in practice through the exceptions of decisions including application of overrule and distinguishing (James, 2010). As Posner (1990) claimed: â€Å" judges follow the previous decisions of their court when they agree with them or when they deem legal stability more important in the circumstances than getting the law right. But a precedent’s analogical significance means simply that the precedent contains information relevant to the decision of the present case.† (Richard, 1990) Despite following the precedent strictly, judges are able to change the decisions in cooperation with facts. The Practice Statement was made by Lord Gardiner in1966, allowing the House of Lord to change its previous decision when it appears â€Å"right to do so† in an attempt to achieve justice (Jacqueline, 2010). To illustrate, in Miliangos v George Frank (Textile) Ltd (1976), the House of Lord overruled Re United Railways. In the case of Re United Railways (1961), it had been held that all debts were to be paid in sterling in an English civil case. In the case of Miliangos v George Frank (Textile) Ltd, the House of Lords held that damages could be awarded in any other foreign currency in the contract, due to the changes in conditions of foreign exchange (Vaughan, 2010). This was stated as â€Å" the existing reason ceased now for a rule† by Lord Denning (Michael, 2004). Distinguishing is another technique used by judges in order to avoid a previous binding decision that may cause inconvenient or unsuitable results. The case Balfour v Balfour (1919) is often cited in conjunction with Merritt v Merritt (1970) by way of illustration of how distinguishing works. In both of the cases, a wife sued her husband for breach of contract. In Balfour v Balfour, based on the fact that the parties had not yet been divorced when the agreement was formed, the court held that there was no enforceable agreement, owing to a rebuttable presumption against intention to create a legally domestic agreement. In the case of Merritt v Merritt, however, the claim was successful. The court was able to distinguish the material difference between two cases. Lord Denning stated that â€Å"When †¦ husband and wife, at arm’s length, decide to separate and the husband promises to pay a sum as maintenance to the wife during the separation, the court does, as a rule, impute to them an intention to create legal relations.† (Zander, 2004) As a result, the appeal from the husband in this case was dismissed. The exceptions of decisions enable the judges to be more flexible in relation of following or refusing earlier decisions from similar cases, which seems to extend the power of the law lords to create law and the space for the development of law. However, it may decrease the level of law certainty and predictability. Regardless of the role statutory interpretation plays in helping judges deal with the task of interpreting statutes, the application and development among the four rules of statutory interpretation can promote law to adapt to changing needs. In practice, judges are continually applying the existing rules to new fact situations and thus being able to keep pace with the changes of society. Firstly, approaches to statutory interpretation can attribute to the creativity and flexibility of law. Applying purposive rule, the court of the case of Royal College of Nursing v DHSS (1981) held that the Abortion Act 1967 aimed at preventing the mischief of ‘back-street abortions’ where no medical care was provided. Therefore, with the advancement of medical technology, abortion became legal to be administered by nurses. (James, 2010) In addition, rules of statutory interpretation can ensure the willing of Parliament. Judges cannot make law, which is the role of Parliament, however, they can and do try to give effect to Parliament’s intentions by using statutory interpretation. For instance, in the case of R v Registrar General ex parte Smith (1991), purposive rule was applied instead of literal rule due to the fact that the applicant was confirmed to be dangerous to his natural mother by a psychiatrist and ‘Parliament could never have intended to promote such serious crime.’ Consequently, the applicant was failed to obtain his birth certificate (Jacqueline, 2010). Approaches to statutory interpretation provide opportunities for judges to apply to different rules flexibly based upon the facts and the intention of Parliament. However, increases of flexibility and creativity of law may cause decreases of certainty and consistency. Last but not least, as two major aspects of the UK law, the interrelationship of the doctrine of judicial precedent and the rules of statutory interpretation are significant to the development of law. For example, in Pharmaceutical Society of Great Britain v Boots Ltd (1953), there is a technical legal meaning of â€Å"offer for sale†. With the application to literal rule, the display of goods in a store shelf was held as an invitation to treat but not an offer to sell. This decision was followed in Fisher v Bell (1961). The court held that the display of product in a shop window was an invitation to treat and thus there was no violation of the Act. (James, 2010) Conclusion As a consequence, with doctrine of judicial precedent, previous cases can be applied to cases with similar facts in the future, whereas with statutory interpretation, different decisions can be made with choices of different rules depending on different facts. The synergy between these two aspects produces certainty, elasticity and appropriate space for the gradual development of law. In conclusion, although a degree of rigidity and instability might occur in the progress of law development. Judicial precedent and statutory interpretation in combination can attribute to an increased level of certainty, consistency, flexibility, and elasticity of the law, creating an appropriate space for a gradual development of law. Bibliography: 1.James, H., 2010, Learning Legal Rules 2.Jacqueline, M., 2010, Unlocking The English Legal System 3.E-lawresources, N/D, [Internet] Available from [Accessed 11 /11/ 2012]†¬Ã¢â‚¬ ¬Ã¢â‚¬ ¬ 4.Richard, A, P., 1990, The Problems of Jurisprudence 5.Vaughan, B., 2010, Foreign Currency Claims in the Conflict of Laws 6. Michael, Z., 2004, The Law-Making Process