Saturday, May 23, 2020

The General Steps for Job Relocation Free Essay Example, 2000 words

The walkthrough of both the origin and destination facilities are extremely important for the relocation. I need to be prepared to present the mover at the time of the walkthrough with the three (3) inventories that I prepared, along with a summary of place of stay, any loading or delivery restrictions, and my ideal time for the move. The best way to plan the relocation would be to give the responsibilities to a movie company. I would acquire a minimum of three (3) estimates and a maximum of five (5) estimates. I need all companies to provide a list of places to stay in Thailand. Since the price of the move is a major consideration, it is a good idea to work through each of the estimates that are provided and break out the major cost components before beginning my final evaluation and selecting a place to stay. Today being, 28/01/2014, I have six from this day. So ideally my day of final relocation would be approximately 1st of August, 2014. Count Down to Move Day Six Months Prior t o Move Day (Prepare a budget and choose the available options of stay) Obtain all the available options for places to stay. We will write a custom essay sample on The General Steps for Job Relocation or any topic specifically for you Only $17.96 $11.86/page Three months Prior to Move Day (01/04/2014) (Insurance policies) Select the level of additional insurance or valuation coverage that will be needed to protect the place of stay or apartment during the relocation. Make lists of all equipment that will need special servicing prior to or following the move. Order new checks in case I need them later. Notify any county, state or federal agencies of your anticipated move; let them know the address and the anticipated effective date. Six Weeks Prior to Move Day (15/05/2014) (Alerting the relatives discarding unwanted items).

Tuesday, May 12, 2020

Essay about Schizophrenia - 1399 Words

Schizophrenia Child schizophrenia, like other psychopathologies has many documented, and several uncertain causes. Some scientists have evidence that pregnant mothers have experienced an immune reaction that present dangers to the unborn child. Schizophrenia is a disorder where the body=s immune system attacks itself. Schizophrenia is not present at birth but develops during the adolescence period or young adulthood. ASchizophrenia is a biological brain disease affecting thinking, perception, mood, and behaviour. Its exact cause is unknown but overwhelming evidence points to faulty chemistry or structural abnormalities in the brain. In some cases schizophrenia is generic. Schizophrenia strikes one in 100 people at some point in his/her†¦show more content†¦Schizophrenics thought process is very Aloose@. Their thought s may shift rapidly from one unrelated topic to the next. They may make up their own words or use sounds or grunts to substitute words. These symptoms do not mean that people with schizophrenia are out of touch with the world completely, they know that roads are used for driving cars, and that people eat meals three a day. Schizophrenia affect both men and women equally. Along with delusions, hallucinations, and thought disorders, they also suffer from paranoia, high anxiety , low stress tolerance, low motivation, lack of energy and the inability to feel pleasure. This makes work, leisure, relationships and even everyday tasks difficult, sometimes impossible. These are concerns not only for the people diagnosed with this psychopathology but for their friends and family. Family is looked upon for support in not only everyday tasks, but in dealing with this disorder whether its in remission or relapse. With schizophrenia there is the risk of suicide. ATen percent of all people with schizophrenia commit suicide. Either to escape the torment of their illness. Or because their gt;voices= command them to.@ (Compiled by Ontario Friends of Schizophrenics, Oct. 1994) Many schizophrenics also are incarcerated for crimes that they have committed while in a psychotic state, or are living on the streets, without any treatment. Schizophrenics may become violent while in a psychotic state, and may loseShow MoreRelatedSchizophrenia And Its Effects On Schizophrenia815 Words   |  4 Pagesand has schizophrenia. According to Mayo Clinic â€Å"Schizophrenia is a severe brain disorder in which people interpret reality abnormally. Schizophrenia may result in some combination of hallucinations, delusions, and extremely disordered thinking and behavior. Contrary to popular belief, schizophrenia is not a split personality or multiple personality. The word schizophrenia does mean split mind, but it refers to a disruption of the usual balance of emotions and thinking. Schizophrenia is a chronicRead MoreSchizophrenia And Its Effects On The Development Of Schizophrenia Essay2173 Words   |  9 PagesSchizophrenia Schizophrenia is a life-long disorder that affects about one percent of the population (Mueser McGurk, 2004). The cause of this mental illness is still unclear. Studies have suggested that Schizophrenia does not arise from one factor but from a combination of genetic, environmental, and social factors (Liddle, 1987). People diagnosed with Schizophrenia struggle to deal with a multitude of symptoms that make it difficult to function (Mueser McGurk, 2004). Antipsychotic medicationsRead MoreSchizophrenia Poster Research Topics : Schizophrenia1715 Words   |  7 PagesSchizophrenia Poster Research Topics K - What is schizophrenia? Schizophrenia is chronic, severe, and a brain disabling disorder; that has affected people throughout history. It also interferes with a person’s ability to think clearly, manage emotions, make decisions and relate to others. People with the disorder may hear voices other people do not hear. They may believe other people are reading their minds, controlling their thoughts, or plotting to harm them. This can terrify people with the illnessRead MoreSchizophrenia Essay949 Words   |  4 PagesSchizophrenia One of the major concerns of modern medicine is Schizophrenia. Frey defines schizophrenia as a group of disorders marked by severely impaired thinking, emotions, and behaviors (99). Straube and Oades incorporate more on its definition by saying this illness evokes a fundamental disturbance of personality (92). According to Gottesman, schizophrenia didn’t exist before the 19th century. He found many facts that lead to this hypothesis, finding no existence of this illness inRead MoreSchizophrenia Essay1411 Words   |  6 PagesSchizophrenia is affecting people more now than a few decades ago. This illness is across the US and is present in every culture. People are now aware and understand how the illness can be devastating to one’s life. Schizophrenia is a mental disorder of the brain but it is highly treatable. In the US the total amount of people affected with the illness is about 2.2 % of the adult population. The average number of people affected per 1000 total population is 7.2 % per 1000, which means a city thatRead MoreWhat Is Schizophrenia?1499 Words   |  6 PagesWhat is Schizophrenia? The study of schizophrenia dates back to the early 1800’s, when a guy by the name of John Haslam published a book called â€Å"Observations of Insanity†. In his book he goes into detail about the case studies or patents that show symptoms that we could categorize as schizophrenia disorder (John Haslam). By the end of the 19th Century the concept of schizophrenia was made known by a German psychiatrist by the name of Emil Krapelin. He basically took what he learned from HaslamRead More Schizophrenia Essay1017 Words   |  5 Pages Schizophrenia is a mental disorder that affects about one percent of the population. Generally if you have schizophrenia you cut out of contact with real world reality. The word Schizophrenia is Greek for â€Å"split mind†. It is common belief that a person with schizophrenia or a â€Å"schizo† has a split personality, but actually the person’s thinking, feelings, and behavior are so far from normal that they get to th e point where they interfere with their ability to function in everyday life. People whoRead MoreAbnormality and Schizophrenia1532 Words   |  7 PagesAccording to Mathers et al., (1996) â€Å"Schizophrenia ranks among the top ten causes of disability worldwide and affects one in one hundred people at some point in their lives.† (Cardwell and Flanagan, 2012). Schizophrenia is a severe mental disorder which is commonly diagnosed in 15-30 year old individuals. It disrupts a person’s cognition, perceptions and emotions, making it extremely difficult to diagnose. Bleuler (1911) introduced the term schizophrenia, which translates as ‘split-mind’ or ‘dividedRead MoreSchizophrenia Essay879 Words   |  4 PagesIt has been widely accepted that schizophrenia has a genetic component, with the relative lifetime risk of schizophrenia being reported at around 0.3-0.7% (McGath et al, 2008) although some studies have shown this to be much higher at around 3.5 % (Pedersen et al, 2014). Studies have shown the risk of relatives developing schizophrenia is correlated with the percentage of shared genes (Tsuang, 2000). Twin studies have been utilised to reveal a genetic component, as monozygotic (MZ) twins share 100%Read MoreSchizophrenia Essay1066 Words   |  5 Pagesis schizophrenia? Schizophrenia is a mental disorder characterized by irrational thought processes. A person dealing with this debilitating illness may think that people are going to kill them, or kidnap them. Some Schizophrenics often have â€Å"voices† in their heads telling them what to do. In some cases this has caused people to take their lives or try to. Schizophrenia is everywhere you look. Out of one hundred thousand people at least one hundred and fifty people have schizophrenia. Like

Wednesday, May 6, 2020

From Practical Knowledge To Practical Theory Education Essay Free Essays

string(98) " with justification for actions and for learning activities they choose in order to be effectual\." Several developments and worldwide alterations have begun to transform the nature of the workplaces and occupations in which they are performed ( Nankervis, Compton A ; Baird 2005 ; Seel 2002 ) . These developments include the influences of globalisation and technological developments every bit good as political, economical, and societal alterations that are associated with the amendments of the new industrial systems and competitory markets or what is called ‘Postmodernity ‘ ( Stoll, Fink A ; Earl 2003 ; Hargreaves 1994 ) . Postmodernity is defined as â€Å" a societal status in which economic, political, organisational, and even personal life comes to be organized around really different rules than those of modernness † ( Hargreaves 1994, p. We will write a custom essay sample on From Practical Knowledge To Practical Theory Education Essay or any similar topic only for you Order Now 9 ) . It is characterized by the demand of flexibleness and reactivity as reflected in decentralised decision-making, level organisational constructions, dynamic webs of collaborative reactivity, and increased personal authorization. In instruction, teacher ‘s engagement in the alteration procedure is considered critical, particularly if the alteration is complex and affects assorted educational scenes over a long period of clip ( Hargreaves 1994 ) . Teacher ‘s engagement is to be meaningful and productive when instructors get more than new cognition of teaching method and course of study. Teachers are non merely proficient scholars ; they are societal scholars who play an of import function in society and for society ( Beare 2001 ; Middleton A ; Hill 1996 ) . Schooling in the station modern age trades with personal formation, belief building, developing a universe position, civilization transmittal, and geting the utile cognition and enabling accomplishments ( Beare 2001 ) . Teaching is considered a complex undertaking that involves garnering out a set of specific activities, patterns, and resources in footings of several educational intents ( Sanders A ; McCutcheon 1986 ) . Furthermore, Sanders an d McCutcheon argue that successful instructors should form these multiple factors so that they are effectual in cultivating the acquisition of a peculiar group of students. The cognition which is considered utile for instructors in transporting out this undertaking is practical information organized in the signifier of repertory, thoughts, and schemes that are effectual for them in a specific scene. In the last 2 decennaries, research on instruction has progressively focused on the knowledges that underlie instructors ‘ schoolroom patterns, instead than on their behaviours ( Van Driel, Verloop A ; De Vos 1998 ) . This alteration in focal point was reinforced by developments in cognitive psychological science. These developments were based on the cardinal premise that instructors ‘ knowledges and actions influence each other, and, similarly, those instructors ‘ knowledges and their schoolroom behaviours reciprocally affect each other. These knowledges are referred to instructors ‘ practical cognition that underlies instructors ‘ actions. The term practical cognition is drawn from Fenstermacher, who described it as the cognition of instructors ( Husu 1999 ) . Fenstermacher distinguished this type of cognition from formal cognition, which he described as cognition for instructors. Practical cognition is the cognition that instructors generate as a con sequence of their experiences as instructors and their contemplations on these experiences. This cognition is anchored in schoolroom state of affairss ; it includes all the practical quandary that instructors encounter in transporting out purposeful actions ( Munby, Russell A ; Martin 2001 ) . Teacher ‘s Practical Knowledge Personal cognition is related to the experiences and thoughts that a individual draws upon in order to learn and germinate as a instructor, it relates to adult male ‘s action and behaviour ( Back 2002 ) . Beliefs, values, attitudes, prejudices, and temperament are footings that relate to this personal cognition. Connelly, Clandinin and He ( 1997 ) refer this pre-articulated sense of instruction as personal practical cognition. For personal cognition to develop, instructors need clip and infinite to reflect on past practical experiences that inform their positions on learning. Nevertheless, instruction is a dynamic procedure that is constructed and continuously re-constructed, as instructors frame new experiences into their personal practical cognition on instruction. Practical cognition is at the centre of a instructor ‘s professional pattern ( Munby, Russsell A ; Martin 2001 ) . There are four features of practical cognition. First, practical cognition is clip edge. Second, practical cognition is state of affairs specific and does non interpret easy to other, even in similar fortunes. Third, practical cognition is personally compelling. While information acquired in a professional development seminar might be interesting, it will non do the instructor to change pattern unless the particular job addressed is one that instructor is presently confronting in the schoolroom. Finally, practical cognition is directed toward action. The information is acquired ‘in usage ‘ with the professional giving significance to the new information even as he/she is make up one’s minding the following action to take ( Schon 1987 ) . From a reappraisal of surveies on instructors ‘ practical cognition, the undermentioned features are identified: Practical cognition is personal ; each instructor ‘s practical cognition is to some extent unique, it is defined and adapted to the schoolroom state of affairs, it is based on ( contemplation on ) experience. Practical cognition originates in, and develops through, experiences in instruction, it guides instructors ‘ pattern, and it is connected with the topic that is taught ( Munby, Russsell A ; Martin 2001 ; Schon 1987 ; Connelly, Clandinin A ; He 1997 ; Driel, Verloop A ; De Vos 1998 ) Practical Knowledge as Theory Marland ( 1998 ) argues that practical cognition serves some of the maps of theory. He asserts that practical cognition provides a footing for instructors to depict and explicate what they do in schoolrooms and why. Practical cognition aid instructors to foretell how pupils might respond, to make up one’s mind what is the best response to their reaction, and to bring forth effectual and feasible instruction programs and modify them when necessary or possible. Marland adds that practical cognition serves three standard maps of theory: description, account, and anticipation. Practical theories as Drum sanders and McCutcheon ( 1986 ) point out are markedly different from scientific theories. They lack the conceptual preciseness and generalizability of scientific theories, they have non been formulated in footings of a formal linguistic communication, so, can non be subjected to the same strict logical trials as scientific theories. Practical theories are the conceptual constructions and visions that provide instructors with justification for actions and for learning activities they choose in order to be effectual. You read "From Practical Knowledge To Practical Theory Education Essay" in category "Essay examples" They are considered the rules that guide instructors ‘ grasps, determinations, and actions. Teachers Practical Theories Marland ( 1998 ) argues that practical theories of instructors are impressions about how to learn. These impressions have been crafted by instructors from their ain experiences of learning for the intent of set uping their peculiar work scenes. Practical theories are hence individualized and context-specific. They are inexplicit in beginning and derived from the experience of learning. Drum sanders and McCutcheon ( 1986 ) specify practical theories as â€Å" the conceptual constructions and visions that provide instructors with grounds for moving as they do, and for taking the instruction activities and course of study stuffs they choose in order to be effectual † ( p. 54 ) . Practical theories are considered of import and of value for instructors because they offer their holders guidelines as to what be most effectual in a peculiar educational context. They are prized by instructors who see them as dependable and best ways to continue. For this ground, practical theories could be sometimes immune to alter ( Marland 1998 ) . Fenstermacher ( cited in Husu 1999 ) asserts that justification can take topographic point when logical thinking may demo that action is sensible thing to make, an obvious thing to make, and the lone thing to make under the fortunes. Each one of these is considered a part to the justification of a regulation of pattern. The regulations are justified because they have proven their worth and have hence been approved. Teachers think, both explicitly and implicitly, that their regulations of pattern work. This is why instructors act consequently. They believe that there is a connexion between the regulations of pattern and their intended results ( Husu 1999 ) . Practical theories draw on and incorporate cognition from assorted spheres of practical cognition, such as, cognition of ego, cognition of pupils, cognition direction, cognition of course of study, and cognition of context ( Elbaz 1983, cited in Reading Module 2 ) . Practical theories are considered critical to the success of learning because educational jobs encountered by instructors are normally practical jobs ( Sanders A ; McCutcheon 1986 ) . These jobs can non be solved by merely detecting or contriving new cognition or solution. Drum sanders and McCutcheon ( 1986 ) assert that in order to be effectual in work outing educational jobs, solutions must be put in action to suit in the peculiar fortunes of a specific educational scene. It is of import to detect here that practical theories are non ever consciously held, despite that instructors may frequently explain them. Sometimes, instructors may still move if they are non witting of the grounds for their actions. In this state of affairs, instructors ‘ actions themselves may be the lone manifestation of what Argyris called their ‘theories-in-use ‘ , which are realized by instructors through contemplation on their pattern ( Sanders A ; McCutcheon 1986 ) . Teachers in schoo lrooms use more than one theory, some theories could be known to them and some could be non. Whether or non instructors are witting of their theories of action, all what they enact during their Sessionss is rational in the sense that it is intended to carry through some intent and to bring forth a coveted effect ( Marland A ; Osborne 1990 ) . Every instruction pattern used by instructors is employed rationally because instructors are engaged in knowing and purposive action to make conditions suited and facilitate acquisition ( Sanders A ; McCutcheon 1986 ) . Teachers hold thoughts about what is of import to accomplish and what specific patterns they may utilize to learn in a peculiar state of affairs. All these thoughts as Sanders A ; McCutcheon assert might be incorporated into a individual practical theory of learning in the instructor ‘s head, but more frequently, theories are used together in sets. These theories are developed by instructors over their whole calling by reflecting on what they know of the purposes of instruction, through duologue with, and observation of, other instructors, and by informally detecting their pupils as they talk, write, act, respond, speak, and engage in other activities throughout the twenty-four hours. Schon ( 1987 ) argues that the capacity to develop these meta-structures of cognition can be developed through brooding pattern. Brooding pattern requires that professionals engage in a duologue with themselves and their environments in which they review the jobs that are portion of their day-to-day pattern. The professional, confronted with a surprise job, uses intuition and stored cognition to try solutions, with each effort going progressively closer to an appropriate solution. Throughout this procedure, the professional is forced to oppugn premises about the cognition base, doing a restructuring of schemes of action and apprehensions of the phenomena that occurred. Once the solution is reached, each episode of â€Å" reflecting in action † , causes the professional to change pattern behaviour by adding new information to the shop of professional cognition. This increases the organic structure of adept cognition and makes it less differentiated, leting the professional to r eassign cognition across practical state of affairss. Much of the acquisition that is acquired by instructors in the action context is mostly self-validating and self-confirming. Learning basically occurs in fortunes of hot action where determinations must be made rapidly and instinctively, chances to reflect and do significance of the experience are limited. The significance taken from these experiences tend to be self-validating and self-confirming. Components of Practical Theories Literature on instructors ‘ practical theories depicts most of the constituents of these theories. However, practical theory does non merely consist of constituents but of links among, or inter-relationships among, the constituents. These links or relationships among constituents give the theory its construction or form and find how good it fulfils its map. Footings that are normally appear in the literature in histories of instructors ‘ practical theories are as follows: instructors ‘ values, beliefs, rules, regulations, ends, tactics and schemes, normal desirable provinces and pupil provinces, cues, properties, contextual variables, images, metaphors, and pedagogical content cognition ( Marland 1998, 2007 ; Connelly A ; Clandinin 1988 ; Marland A ; Osborne 1990 ; Connelly, Clandinin A ; He 1997 ) . Marland ( 1998 ) argues that instructors are keenly cognizant of how one constituent influences others. Teachers offer accounts for why they adopt different schemes with different categories at the same twelvemonth degree, why they spend more clip with some groups than with others, how their beliefs about pupil larning affect their pick of rules of instructor behaviour and instruction schemes, and how they use the pupil cues to place that provinces of head of pupils. Marland adds that the constituents of practical theories are non isolated, independent, and free-floating units ; they are linked together in a quite important manner. The constituents within a practical theory must complement and back up each other because a practical theory is a program for action. It is directed at accomplishing some ends. In other words, all constituents in a specific lesson program need to work good together in order for the ends of the lesson to be achieved. It is the links between constituents tha t give coherency and integrity of intent to a practical theory ( Marland 2007 ) . The linkages among constituents of a theory are like linkages among words in a sentence. To ease their communicating with each other, the words have to be presented in a peculiar sequence. This careful sequencing of words would give the set of words a significance. In a similar manner, learning becomes meaningful when instructors can do mention to the interactions among the assorted constituents of their theories ( Reading Module 3 ) . Teachers ‘ Rules Rules are the clear statements used by instructors in schoolrooms to bespeak to pupils what represents appropriate behavior or action ( Marland 2007 ) . Elbaz uses the term, ‘rule of pattern ‘ and defines it as â€Å" a brief, clearly formulated statement of what to make or how to make in a peculiar state of affairs often encountered in pattern † ( Elbaz, cited in Connelly A ; Clandinin 1988, p. 63 ) . Classroom regulations are normally used by instructors to set up forms of behaviour that facilitate a societal order and productive working scenes, guarantee effectual usage of clip, and facilitate bend taking in treatment and purposeful motion by pupils ( Marland 2007 ) . Rules may hold two signifiers, they could be brief statements or drawn-out description of pattern from which a figure of related regulations may be inferred ( Connelly A ; Clandinin 1988 ) . For illustration, when the instructor provinces at the beginning of twelvemonth to the pupils that he/she will listen really carefully to them, promote them to rephrase, and let them to show their feelings, sentiments, and concerns without judging them. This statement expresses a figure of regulations, such as, listen carefully, encourage pupils to rephrase, let express of feelings, do non judge. All these regulations taken together will organize an attack of communicating in the schoolroom that can be expressed in the statement of a rule. They are called as regulations because they make mention to what and how of the state of affairs with the intent being taken for granted ( Connelly A ; Clandinin 1988 ) . Rules may be suggested by the instructor or formulated jointly by the instructor and pup ils. Seeking pupils input in the preparation of regulations will make a democratic ambiance in the schoolroom and will promote pupils engagement, which increases pupils understanding and committedness. Husu ( 1999 ) argues that regulations are normally justified by instructors because they have proven their worth and have hence been approved. Teachers think implicitly and explicitly that the regulations of pattern used in classrooms work efficaciously. And because they work, instructors act consequently. This type of concluding would warrant a connexion between the regulations of pattern and their intended results in schoolrooms. They are justified because they have met the criterions of the smooth practical action held by the instructor. Rules of pattern are socially constructed ; they emerge from old ages of experience in school scenes. It is a manner instructors found to be effectual in work outing debatable state of affairss. They set a strong organisational power to frequently helter-skelter patterns in the schoolroom. Teachers ‘ Metaphors Marland ( 2007 ) argues that instructors sometimes refer to learning as mothering, coaching, or horticulture, each one of these descriptions draws attending to some similarities between learning and other activities. This pulling attending to similarities between two things is what a metaphor does. Analysis of these metaphors about learning reveals much about the ways instructors think about learning and how they conceptualize of import facets of their work and how they believe schoolrooms map best. Teacher ‘s behaviour in schoolrooms is normally consistent with the metaphors used in their negotiations about learning. For this ground, metaphors used by instructors are considered as supplying valuable penetrations into their practical theories. Metaphor is a constituent of personal practical cognition. It can be identified when listening to the instructor ‘s address ( Connelly A ; Clandinin 1988 ) . It gives inventive look to this cognition that makes it possible for a individual to research concealed rational avenues contained in a metaphor ‘s frame ( Connelly, Clandinin A ; He 1997 ) . A individual metaphor can be used to depict how instructors view their work in the schoolroom. It can be used to convey cardinal facets of the instructor ‘s position of instruction and acquisition ( Korthagen A ; Lagerwerf 2001 ) , covering such constituents as ends, tactics, schemes, values, and pupil provinces. Deductions of Teachers ‘ Practical Theories Marland ( 1998 ) argues that a successful alteration in the instruction perspectives requires developing a committedness to follow new values and beliefs. This hard and time-consuming activity is considered critical because values and beliefs are cardinal to instructors ‘ impressions about learning. Valuess and beliefs are considered the cardinal constituents of the moral models that instructors hold, which besides influence their decision-making about learning. This moral model motivates and gives purpose and way to believing about learning. Teacher pedagogues that intend to do the displacement need to value practical cognition about learning that pupil instructors develop within their classs. They besides need to value the procedures such as those built-in in critical thought and contemplation that contribute to the acquisition and alteration of practical cognition and theories. Accepting these values would do instructors pedagogues review their beliefs about pupil instructor s, how they learn to learn, the function of the instructor pedagogue, and the nature of cognition. Alliance with the position that instruction is shaped by the practical theories of instructors requires that teacher instruction aid pupil instructors to develop practical theories that are personally meaningful and relevant to the contexts in which they pattern. This end emphasizes the importance of valuing personal liberty, critical thought, and diverseness of learning manners. This end besides requires careful attending to the schemes used in teacher instruction to guarantee that they are effectual in advancing personal and context-specific practical theories to the pre-service instructors. The schemes selected should be influenced by the nature of the topic for which the instructor pedagogue has duty. Besides make up one’s minding the appropriate schemes, pedagogues should seek to bring on through their classs the provinces of pupils in order to ease end attainment. Students need to be inquiry-oriented and self-evaluative, to take enterprises and to be originative, and to demo readiness to be brooding and unfastened to other possibilities in order to construct their ain practical theories. Furthermore, pedagogues here play an of import function in easing pupils ‘ provinces by honoring enterprise, commending soul-searching, back uping flexibleness and bring forthing options, constructing self-pride of pupils, and promote hazard taking. It is imperative for instructor pedagogues to reflect on the rules which they build into their actions to guarantee that they reflect the values, beliefs, schemes, and pupil provinces that facilitate pupil teacher theory-building. Teacher pedagogues need to guarantee that they know plenty about the pupil instructors they are working with in order to be able to polish other characteristics of their practical theories, such as schemes, rules, pupil provinces and ends, and to personalise these in the involvements of maximising benefits for pupil instructors ( Marland 1998 ) . Decision This paper presented an overview of instructors ‘ practical theories. Practical theories are considered critical to the success of learning because educational jobs encountered by instructors are normally practical jobs ( Sanders A ; McCutcheon 1986 ) . Practical theories are impressions about how to learn, these impressions have been crafted by instructors from their ain experiences of learning for set uping their peculiar work scenes. Practical theory does non merely consist of constituents but of links among, or inter-relationships among, the constituents. These links or relationships among constituents give the theory its construction or form and find how good it fulfils its map. They serve as the background to much of the instructors ‘ decision-making and action, and therefore represent what has been termed the civilization of instruction. Mentions Back, S 2002, ‘The Aristotelean challenge to teacher instruction ‘ , History of Intellectual Culture, vol. 2, no. 1, pp. 1-5. Beare, H 2001, Making the future school, Routledge Falmer, London. Connelly, FM A ; Clandinin, DJ A ; He, Ming Fang 1997, ‘Teachers ‘ personal practical cognition on the professional cognition landscape ‘ , Teaching and Teacher Education, vol. 13, no. 7, pp. 665-74. Connelly, FM A ; Clandinin, DJ 1988, Teachers as course of study contrivers, Teachers College Press, New York. Hargreaves, A 1994, Changing instructors, altering times: instructors ‘ work and civilization in the postmodern age, Cassell, London. Husu, J 1999, ‘How instructors know and know about others? ‘ paper presented at the 9th Biennial Conference on International Study Association on Teachers A ; Teaching ( ISATT ) , Dublin, Ireland, July, 25 pages. Korthagen, FA A ; Lagerwerf, B 2001, ‘Teachers ‘ professional acquisition: how does it work? ‘ , in FA Korthagen ( ed. ) , Associating pattern and theory. The teaching method of realistic instructor instruction, Lawrence Erlbaum Associates, London, pp. 175-206. Marland, P 2007, Learning to learn. A primer for pre-service instructors, Pearson, Gallic Forest, NSW. Marland, PW A ; Osborne, AB 1990, ‘Classroom theory, believing and action ‘ , Teaching and Teacher Education, vol. 6, no. 3, pp. 93-109. Marland, PW 1998, ‘Teachers ‘ practical theories: deductions for pre-service instructor instruction ‘ , Asia-Pacific Journal of Teacher Education A ; Development, vol. 1, no. 2, pp. 15-23. Middleton, M A ; Hill, J 1996, Changing schools: ambitious premises and researching possibilities, Hawker-Brownlow, Melbourne. Munby, H, Russell, T A ; Martin, AK 2001, ‘Teachers ‘ cognition and how it develops ‘ , in V Richardson ( ed. ) , Handbook of research on instruction, 4th edn, American educational Research Association, Washington, pp. 877-904. Nankervis, AR, Compton, RL A ; Baird, M 2005, Human resource direction: schemes and procedures, 5th edn, Thomas Nelson, Melbourne. Drum sanders, CP A ; McCutcheon, G 1986, ‘The development of practical theories of learning ‘ , Journal of Curriculum and Supervision, vol. 2, no. 1, pp. 50-67. Schon, D 1987, Educating the brooding practician, Jossey-Bass, San Francisco. Seel, R 2002, ‘The nature of organisational alteration ‘ , viewed 15 November 2006,. Stoll, L, Fink, D A ; Earl, L 2003, It ‘s about acquisition ( and it ‘s about clip ) . What ‘s in it for schools? , Routledge Falmer, London. Van Driel, JH, Verloop, N A ; De Vos, W 1998, ‘Developing scientific discipline instructors ‘ pedagogical content cognition ‘ , Journal of Research in Science Teaching, vol. 35, no. 6, pp. 673-95. How to cite From Practical Knowledge To Practical Theory Education Essay, Essay examples

Friday, May 1, 2020

Professor Notes about Lululemon Athletica Competitive Environment

Question: Discuss about the Lululemon Athletica Competitive Environment. Answer: Introduction: The current business environment is highly competitive especially for firms operating in the same industry. The management of companies strives to come up with strategies for creating a competitive edge against the competitors. Having a competitive advantage ensures a sustainable development for a company in the market. Understanding both the internal and external environmental factors helps managers in driving effective strategic management approaches that suit the current market demands. Lululemon Athletica, a Canadian technical athletic apparel retailer for yoga wear, running, training, and among other many sweaty pursuits. Lululemon offers high-quality clothes to the guests who act as a marketing channel in informing their friends about the excellent offers in by the enterprise (Lululemon Athletica, 2012, p. 283). Having an idea of the surrounding environmental factors affecting the retail industry assists the company efficiently in developing strategic management approaches for sustainable development in the highly competitive market. The following essay provides a critical evaluation of Lululemon's competitive environment in its attempt to gain a sustainable competitive environment in the market. Further, the article analyses both the internal and external environmental factors facing Lululemon's operations as well as their effects on the company's set goals. Lululemons Competitive Environment Lululemon Athletica offers high-quality athletic attire and apparel at affordable prices, yoga pants being the company's prime product. The competitors of Lululemon sell the yoga apparel at a price range of between $25 to $ 50. Surprisingly, the yoga pants available in Lululemon stores are priced almost two or three times more than the rivaling firm's prices, with the costs ranging from $78 to $ 128 per yoga pant (Lululemon Athletica, 2012, p. 285). The ability of the competing firms to sell the same product to the customers at a lower price than that of Lululemon creates pressure on the company's sustainability in the market. However, Lululemon's product sell fast in the market, and this high demand for the business's products creates pressure in its stores when it comes to keeping new lines in stock. Lululemon's has an excellent source of sustainable competitive advantage in the market. The evidence to this argument is that, despite the fact that the company sells its products at high prices, the customers and guest for Lululemon keep on referring other clients to the enterprise. The competitor's approach to reducing down prices does not seem to affect the company's sales. The chief product officer report that the "Paris Pink" product launched in 2011 to last for approximately 60 days sold completely in the first week of December. According to Admson, (2015, p. 50), Lululemon's ability to connect with its guests on a deeper level than just establishing productive customers relationship creates an opportunity for a competitive advantage in the market for its products over the rivaling enterprises. The direct and close competitors for Lululemon are Nike, Adidas, and Under Armour. These competitors, together with Lululemon use the same cotton feel, four-way stretch, and moisture wicking technology. As per Casteneda, (2014, p. 880), on top of producing high-tech yoga clothes, Nike, Adidas, and Under Armour sell at a cheaper cost for their clients and yet they have failed to position themselves in the market firmly as Lululemon has done. However, Lululemon's culture of understanding its target market has been difficult for the competitors to duplicate. Lululemon's ability to remain loyal to the clients and the close relationship it commands is inimitable for likes of Nike, Adidas, and Under Armour. Internal Environmental Factors Impacting Lululemons Ability to Compete in the Future The internal environment of Lululemon refers to the factors that the management can control in their attempt to create a competitive advantage. Usually, the company aims at creating a committed brand suiting the shopper's demands. The following is ana analysis of the effects of internal environmental factors to Lululemon's capabilities and core competencies both in the present and in the future endeavors of the company. Financial Resources Lululemon Athletica is firmly financially positioned in the economic environment. Unlike the other competing firms, namely Adidas, Nike, and Under Armor having debts with the financiers, Lululemon has no debt with any firm. According to Ganin, (2014, p. 937), in the last few years, Lululemon has experienced a consistent growth rate in both the sales and returns. For example, the financial statements of Lululemon from the year ended 2009 to 2012, the company's revenues grew at an average rate pf 41.47 percent. Due to this high amount of capital, this increases Lululemon's ability to compete effectively in the future since its competitors cannot demand the premium yoga apparel lines that Lululemon employs on its products. Target Customers The management of Lululemon recognizes the target audience as the most valuable asset of the organization. Lululemon creates technical fabrics that work for the clients instead of against their demands. Lululemon recognizes the physical and economic aspects of the market in an attempt to achieve a balance between the client's needs and those of the company, and this enables the company to remain competitive (Lululemon Athletica, 2012, p. 290). Lululemon's offers high-quality products for the existing niche market through a combination of a high-performance material with attractive product design features for their customer brands. Employees The management considers all the staff in Lululemon's retail stores as a steward of the company's culture. For enhancing the creativity of new innovative measures for gaining a competitive advantage, the company hires qualified employees. Further after recruitment, all employees undergo a training and development process that induces them to the enterprise's mission and vision. Lavrence and Lozanski, (2014, p. 80) argues that the future success of Lululemon depends on the firms ability to employ experienced personnel in its retail stores. The company's employees share their knowledge of the clothing and culture of the enterprise with the clients who physically visit their store or who interact online with the customer service personnel. Trends in the External Environment Demographic Factors The external environment over which Lululemon operates is particularly interesting due to the niche of the products it offers. The primary target market for Lululemon is female customers aged between the age of 15 to 65 years. However, the company offers some products for the men and even for the children whose age do not exceed four years. With this broad target over the female population, Lululemon commands over 105 million customer base of the US ladies population alone. The evidence that men, children, and international customers offer a substantial profit to the firm, Lululemon should make a change in its strategy of targeting females only. The company should come up with marketing strategies that seek to offer products at an equal measure to all the gender irrespective of age. Economic Factors The economic downtowns limit the consumer discretionary spending in the world market. Over the last three years, the companys sales have continued to grow despite this fact. However, Lululemon does not lower its prices even under situations of economic depressions and downturns, and this may act as a tool for the competitors to compete Lululemon in the future(The context of Business: Understanding the canadian business environment, 2015, p. 220). The management of Lululemon assumes that the effects of changing global economies affects the firm's profitability and cannot be predictable. However, Lululemon should price its yoga clothes according to the economic changes in the marketing environment for this shows its value to the customer's needs and thereby ensuring a firm position in the market. Political and Legal Environment The future uncertainties in the political and juridical measures also affect Lululemon's performance. Both the domestic and international business regulations play a significant role in getting Lululemon's products to the market promptly. Lululemon manufactures its facilities in the US and is mostly based on global factories found in countries like Peru, China, Thailand, Vietnam, and others. The changes in international tax laws bring variability of the company's earnings. Therefore, to ensure a sustained development in the competitive environment, the management should make sure total compliance with the law. Technological Factors The changes in technology have made Lululemon develop strategies of coping with the changes, something that has contributed a lot towards its success. The product attributes of Lululemon are technology driven. For example, the IT personnel uses silver thread in selecting the right brand of products. Further, technology has played a great role in Lululemon's expansion to the international markets. For example, the e-commerce model adoption in 2009 has enabled the company to reach more customers in global locations. Advantages of Lululemons Business Strategy Lululemon's ability to deliver high-quality products that are carefully and successfully tailored to meet the client's tastes and preferences leads to the company's success. The management offers the products at the right time to the customers. The administration of the company uses a marketing strategy that focuses on all clients in all localities by utilizing its ambassadors such as local athletes and yoga instructors; this intensifies the company's customer base in the markets. Through effective communication and establishment of symbiotic relationships between the company's staff and their guests, this fosters a historical success support for the enterprise. The ability to identify markets sharing the common business language such as the United States, Australia, and New Zealand has made it easy for Lululemon to expand its operations and grow internationally. The unique capability of Lululemon in designing and creating technologically advanced products and the approaches for marketing these products to the target market enables the market to make high profits. Business Risks Facing Lululemon Every business remains surrounded by risks that create challenges to its success. The risks facing Lululemon Athletica company operations include: The threat of new entrants who may pose competition in the market. Government regulations, political factors, and economic crises. Technological changes in the business environment. Pressures from the market who may demand more than the companys ability to produce. Potential Challenges for Lululemon as it Expands Internationally A possible problem for Lululemon in its steps to grow internationally remains to be the regulatory frameworks employed by the multinational companies by the targeted state (Lululemon Athletica, 2012, p. 293). The law requires licensing of global players who are expensive for Lululemon to comply. Further, the corporate tax rate applied domestically use for Lululemon as it tries to operate in the international markets. The threat of new entrants in the market also creates pressure for Lululemon since the new entrants in the retail industry bring competition for the available markets in the global world. The continuous efforts of the company to succeed in future on the international market are threatened by the similar firms entering the market(Casteneda, 2014, p. 880). Notably, the leading competitors of Lululemon, Nike and Adidas have also made steps to invest globally where Lululemon still targets. The high cost of conducting market research in the international market is another challenge that Lululemon is likely to face. Before going internationally, companies need to understand the culture, language, and demands of the target market so that they may establish a suitable location for the firm; this may be costly for Lululemon (Roy Banerjee, 2014, p. 219). Since the company seeks to offer high standards products for its suppliers, this requires a significant investment. Therefore, the cost may act as a challenge for Lululemon to expand internationally. Recommendations for Reducing the Potential Risks The management should conduct a thorough environmental scanning so as to identify the most less costly strategies of conducting global market research. Lululemon should efficiently monitor its product lines and manufacturing capabilities in an anti-competitors oriented direction, and this will limit the threats from new entrants. The management of Lululemon should ensure total compliance with the legal requirements when seeking to venture into international markets. Compliance with the international business law will make the company succeed in the foreign market. Lastly, the company should venture its business operations internationally in only locations where its products get demanded and where the people's culture are in conformity with the firm.' Conclusion The business environment affects the performance of an organization. Understanding the environment surrounding a business enables practitioners to design applicable management strategies for gaining a competitive advantage against the rivals. Companies cannot venture their operations in the international market without having succeeded in the domestic market. For a firm to thrive in its performance, the business culture must suit the tastes and preferences of the customers. However, the business environment gets faced with numerous challenges that may hinder a firm from succeeding. These problems include; technological changes, market demand changes, stiff competition, and inadequate finances. Therefore, companies must ensure that they are capable of coping with the business environmental changes before deciding to venture their operations in a particular market, be it domestically or internationally. References Casteneda, C., 2014. America the yogi fun: Insights into American yoga culture today. pp. 880. Ganin, C., 2014. American Apparel, crumbs, cupcakes, and Lululemon: Oh my examples of why increased shareholder involvement will not fix corporate America. Ariz. L. Rev, 56(2), p. 937. Lavrence, C. Lozanski, K., 2014. This is not your practice: Lululemon and the neoliberal government of self. Canadian Review of Sociology, 51(1), pp. 76-94. Retrieved from:https://scholar.google.com/scholar?=Lavrence%2C+C.+%26+Lozanski%2C+K.%2C+2014.+This+is+not+your+practice%3A+Lululemon+and+the+neoliberal+government+of+self.+Canadian+Review+of+SociologybtnG=hl=enas_sdt=0%2C5 Lululemon Athletica (2012) Jenna, Beyer; Leon, Firfman; Eric, Ho; Miso, Kezunovic; Lance, Olian. pp. 283-294 The context of Business: Understanding the Canadian business environment (2015) Karakowsky, Len and Guriel, Natalie. pp. 220. Retrieved from: https://www.pearsoncanada.ca/media/highered-showcase/multi-product-showcase/showcase-websites-4q-2012/karakowsky-preface.pdf

Saturday, March 21, 2020

Actus Reus Paper Essays

Actus Reus Paper Essays Actus Reus Paper Essay Actus Reus Paper Essay ACTUS REUS: OMISSION CAUSATION The general basis for imposing liability in  criminal law  is that the defendant must be proved to have committed a guilty act whilst having had a guilty state of mind. The physical elements are collectively called the actus reus and the accompanied mental state is called the mens rea. It is the fundamental duty of the prosecution to prove both of these elements of the offence to the satisfaction of the judge or jury beyond reasonable doubt. In the absence of such proof the defendant will be acquitted. ACTUS REUS An actus reus consists of more than just an act. It also consists of whatever circumstances and consequences are recognised for liability for the offence in question in other words all the elements of an offence other than the mental element. The term actus reus has been given a much wider meaning by Glanville Williams in his criminal law. He says : When he use the technical tern actus reus we include all the external circumstances and consequences specified in the rule of law as constituting the forbidden situation. Reus must be taken as indicating the situation specified in the actus reus as on that, given any necessary mental element, is forbidden by law. In other words, acus reus means the whole definition of the crime with the exception of the mental element – and it even includes a mental element in so far as that is contained in the definition of an act. Actus reus includes negative as well as positive elements. For example, as stared earlier, the actus reus of murder is the causing of death of a person. It also includes circumstances, such as the person whose death has been caused was not as a consequence of a sentence or death given to him or that the death was caused within the territorial jurisdiction of the state. OMISSIONS IN CRIMES Omissions are controversial for two main reasons_ first, whether and to what extent it is justifiable omissions rather than acts; and secondly, whether liability for omissions rather than act requirement in criminal law. Pursuing the second point here, much has been made above of the importance f requiring proof that the defendant voluntarily did something to produce prohibited conduct or consequence. In so far as this can be termed an ‘act requirement’, are omissions a true exception to it? If they are, is this another argument against criminalizing them? One much-discussed preliminary question is the distinction between acts and omissions. Sometimes it is argued that certain verbs imply action and therefore exclude liability for omiss ions, and that the criminal law should respect. The distinctions flowing from this. English courts have often used this linguistic or interpretive approach. It has led to a variety of decisions in different statutes, without much discussion of the general principles underlying omissions liability. The law commissions considerably draft criminal code may be said to signal the continuation of this approach, by redefining the homicide offences in terms of ‘causing death’ rather than ‘killing’, and refining the damage offences in terms of ‘causing damage’, rather than ‘damaging’, so as ‘to leave fully open the courts the possibility of so constructing the relevant (statutory) provisions as to impose liability for omissions’. The draft cod would therefore remove any linguistic awkwardness in saying, for example, that a parent killed a child by failing to feed it; but it does so in this specific instance, and without proclaiming a general principle, that the act requirement may be fulfilled by an omission of a duty can be established. Attachment to the vagaries of the language is no proper basis for delineating the boundaries of criminal liability. In some situations the courts, following the linguistic approach, have nevertheless found themselves able to impose omissions liability. In Speck (1977)3 the defendant was charged with committing an act of gross indecency with or towards a child. The evidence was that an 8 yr old girl placed her hand on his trousers over his penis. he allowed that hand to remain there for some minutes, causing him to have an erection. The court of appeal held that the defendants failure to remove the hand amounted to an invitation to the child with the act, or it created a duty in an adult to put an end to the innocent touching of this kind, with omissions liability for not fulfilling the duty. The analysis is similar to that in miller (1983) where D fell asleep whilst smoking, woke up to find the mattress smouldering, but simply left the room and went to sleep elsewhere. He was convicted of causing criminal damage by fire, on the basis that a person who initiates a sequence of events nnocently and then fails to do anything to stop the sequence should be regarded as having caused the whole sequence. On this view the conduct constitutes a single, continuing act; Miller caused the damage because he took no steps to extinguish the fire he had innocently started. It must be doubted whether these efforts to find an act which then coincides in point in point of time with defendants knowledge and intentions are convincin g. surely the courts are imposing liability for an omission on these cases, by recognizing that a duty arises. Speck is a little different from miller since the original act of the speck was of the girl, and the duty must therefore amount the recognition of an obligation on an adult to put an end to the indecent yet innocent touching by a child. In so far as these decisions appear to extend the statutory wording, are they objectionable on grounds of retroactivity and lack of fair warning, or defensible as applications of existing common law doctrine to new situations? In other situations it seems possible to offer plausible reasons for regarding the same event as either an act or an omission, and in some cases the courts have sought to exploit this ambiguity when dealing with problematic medical issues. Yet it is one thing to say that a healthcare professional who decides not to replace an empty bag for a drip-feed has made an omission, whereas switching a ventilator off is an act; is another thing to maintain that the act-omission distinction should be crucial to any determination of the criminal liability in the two situations. In Airedale NHS trust v bland (1993)the house of lords held that it would be lawful for a doctor to withdraw treatment from a patient in a persistent vegetative state, even though death would inevitable be hastened by that conduct. The house held that the withdrawal of treatment would constitute and omission, and thus regarded the duties of the doctor as the central issue. The decision was that the doctor a doctor has no duty to continue life supplying treatment when it is no longer in the best interest of the patient, having regard to responsible medical opinion. However the court of appeal declined to adopt this subterfuge in Re A(conjoined twins: Surgical separation), holding that the surgical separation of the twins would undoubtedly an act, and subsequently deciding that carrying out an operation which would result in the death of one twin in order to save the life of other could be justifies on the grounds of necessity. This demonstration of the fragility of the act-omission distinction of the vagaries fthe English language indicates that it may be simplistic to oppose omissions liability in the principle. There are some clear cases of omission in which it is desirable to have criminal liability, such as the parent who neglects to feed her or his child or neglects to protect it from abuse. Omissions can be involuntary or not, in the same way as acts; and provided, that the harm resulted because D failed to intervene, it can be argued that omissions are also causes. Omissions liability ay therefore satisfy the principles that no one should be held liable for bodily movements that he or she did not or could not direct. It may also satisfy the principle that no person should be held liable for the conduct or consequences that he or she did not cause. But one point of the act requirement is to exclude liability for mere thoughts that do not result in some bodily movement, and omissions fall foul to that. They do so for a good reason – that certain positive duties to act are so important that they can rightly be made the subject of criminal liability. Of course, such a duty should also be defined with sufficient certainty and made known to those affected by it. So long as these formal requirements are fulfilled there can be no fairness objection to holding a person liable, provided that he or she is capable of taking some steps to carry out the duty. CAUSATION IN CRIMES An event is very often the result of a number of factors. A factor is said to have caused a particular event if, without that factor or, the event would not have happened. Thus, a man is said to have caused the actus reus of a crime, if, that actus would not have occurred without his participation in what was done. Some casual relationships has to be established between his conduct and the prohibited result. A man is usually held criminally liable only for the consequences of his conduct as he foresaw, (or is crimes of negligence, he ought to have foreseen). The act must be the causa causans, ie, the immediate or proximate cause of the effect. When the facts are direct and simple, then establishing the causal nexus between the act and the effect may not be difficult, as for instance in a case of person shooting another person and thereby killing him. The causation can also be without any direct physical act. if the victim asks his way on a dark night nd the accused with the intention of causing his death, directs him to a path that he knows will bring him to a cliff edge , and the victing suffers a fatal fall, this is clearly murder, though the accused has done nothing more than utter words. This can be true in cases of abetment, incitement and conspiracy. In the instances stated above, it is not difficult to establish the direct result between the cause and the effect. The difficulty ar ises only in cases of multiple causation, where it is difficult to establish the imputability. Example: A, intending to kill B but only wounds him very slightly. A clearly has the requisite mens rea for murder, that is, he foresees and desires B’s death. Not let us assume that on his being ta ken to the hospital in an ambulance, a piece of masonry from a building falls on the ambulance and kills B; or, alternatively, that B has a rare blood disease which prevents his blood from coagulation so that the slight wound leads to his death, which it would not have done if he had not been suffering from this disease; or, alternatively, that B refuses to have the wound treated and dies of blood poisoning, which would not have occurred if B had had the wounded treated. In all these cases, a problem of causation arises, i. e. , did A cause B’s death for the purposes of the criminal law so that he can be convicted of murder? If the result is too remote and accidental in its occurrence, then there is no criminal liability. CAUSATION AND NEGLIGENCE The difficulty of causation arises very often n cases of negligence. It has t be established that first, the conduct of the person was negligent and secondly, that but for the negligent act of accused, the accident would not have occurred. In other words, the actus reus should be causally connected to the act, which should be proved to be a negligent. In order to impose criminal liability under S 304A, IPC, it is essential to establish that death is the direct result of the rash or (and) negligent act of the accused. It must be causa causans – the immediate cause and not enough that it may be quasa sine qua non, ie, proximate cause. There can be no conviction when rashness or negligence of third party intervenes. In Suleman rahiman mulani v state of Maharashtra the Supreme Court has approved his rule. In Suleman rahiman mulani the accused who was driving the jeep struck the deceased, as a result of which he sustained serious injuries. The ccused put the injured person in the jeep for medical treatment, but he died. Thereafter, the accused cremated the body. The accused was charged under s304A and 201 of the IPC. As per s 304A, there must be direct nexus between the death of a person and rash and negligent act of the accused that caused the death of the deceased. It was the case of the prosecution of the accused had possesse d only a learner’s license and hence was guilty of causing the death of the deceased. The court held that there was no presumption in law that a person who possesses only a learner’s license or possesses no license at all, does not know driving. A person could for various reasons, including sheer indifference, might not have been taken a regular license . there was evidence to show that the accused had driven the jeep to various places on the previous day of occurrence. So before the accused convicted under s304A, there must a proof that the accused drove in a rash and negligent manner and death was a direct consequence of such rash and negligent manner. In the absence of such evidence no offence under s 304A was made out. The accused was acquitted of the charges. MINIMAL CAUSATION When death of a person is caused after medical treatment, it cannot be said that the treatment was not proper or inadequate, or had better treatment been given, the death would not have taken place. This is because, the intervention of the doctor is in the nature of minimum causation and hence its intervention would have played only a minor part, if any, in causing death. As far as the IPC is concerned, explanation 2 of s 299 specifically states that if an act causes death, even death could have been avoided by proper remedies and skilful treatment, the act shall be deemed to have caused death and the person will be criminally liable. If death results from an injury voluntarily caused, the person who causes the injury, therefore, is deemed to have caused the death, although the life of victim might have been saved if proper medical treatment, provided that it was administered in good faith by a competent physician or surgeon. In Moti singh v state of uttar Pradesh the deceased gayacharan had received two gunshot wounds in the abdomen which were dangerous to life. The injury was received on February 1960. There was no evidence when he was discharged from the hospital and whether he had fully recovered or not. He, however, died on march 1 1960. His body was cremated without post mortem being done. The supreme court held that the two gunshot injuries were dangerous to life were not sufficient for holding that gyancharans death, which took place about three weeks after the incident, was on account of the injuries received by him. The court observed that in order to prove the charges on gyancharans murder, it was necessary to establish that he had died on account of injuries received on him. Since, the was no evidence to establish the cause of death, the accused could not be said to have caused the death of gyancharan. A crucial aspect highlighted by the court in the case was that the connection between the primary cause and the death should not be too remote. CONCLUSION Causation is a complex topic, with which we have been able to deal only brief here. Proof of causation is often said to be an essential precondition of criminal liability, but there is reason to doubt the generality of that requirement, notably in respect of accomplice liability and vicarious criminal liability. Rather than insisting on a universal requirement of causation, it may be preferable to argue that liability should be negatived, in general, by the voluntary intervening act of another. Several criticisms of the judicial approach to three exceptional categories of case hace been advanced above. Often the explanations given by the courts are unconvincing. Whilst the traditional or standard causal theory emphasizes the significance of the last voluntary act, there is no reluctance to took wider or to massage the term ‘voluntary’ in certain situations, especially where D clearly stated that the sequence of events by doing a wrongful act. The challenge is to re-examine the intuitions that lead judges and others to their conclusions (the wrongful act theory, the approach to medical mistakes etc. ) with a view to constructing a law that ensures that the courts respect the various principles . BIBLIOGRAPHY 1. P. S. A. Pillai – Criminal law 2. Glanville Williams book on criminal law 3. www. lawteacher. com [ 1 ]. Page 427, principles of criminal law, Glanville williams [ 2 ]. Duff, criminal attempts, 317-20 Glanville Williams [ 3 ]. 65 CR App R 161. [ 4 ]. (1983) 2 AC 161 [ 5 ]. Criticisms by jc smith (1982) Crim LR 527 and 724, and D. Husak, philosophy of criminal law(1987), 176-8 [ 6 ]. See I. M Kennedy, Treat me right (1988) 169-74 [ 7 ]. (1993) AC 789 [ 8 ]. 4 ALL ER 961 [ 9 ]. Emery (1993) 14 Cr App R (s) 394, aand the new duty by the domestic violence, crime and victims act 2004. [ 10 ]. Glanville Williams, ‘criminal law- causation’) [ 11 ]. Rustom sherior Irani v state of Maharashtra(1969) ACC Cj 79 (SC) [ 12 ]. Md rangawalla v state of mahaarashtra AIR 1965 [ 13 ]. However a driver is expected to anticipate reasonably foreseeable negligent act to road users as contributory negligence has no application in criminal law. [ 14 ]. Re san pai (1936) 14 rang 643

Thursday, March 5, 2020

Major General David B. Birney in the Civil War

Major General David B. Birney in the Civil War David Birney - Early Life Career: Born in Huntsville, AL on May 29, 1825, David Bell Birney was the son of James and Agatha Birney.   A Kentucky native, James Birney was a noted politician in Alabama and Kentucky and later a vocal abolitionist.   Moving back to Kentucky in 1833, David Birney received his early schooling there and in Cincinnati.   Due to his fathers politics, the family later moved to Michigan and Philadelphia.   To further his education, Birney elected to attend the Phillips Academy in Andover, MA.   Graduating in 1839, he initially pursued a future in business before electing to study law.   Returning to Philadelphia, Birney commenced practicing law there in 1856.   Finding success, he became friends with many of the citys leading citizens.   David Birney - The Civil War Begins: Possessing his fathers politics, Birney foresaw the coming of the Civil War and in 1860 began an intensive study of military subjects.   Though he lacked any formal training, he was able to parley this newly-acquired knowledge into a lieutenant colonels commission in the Pennsylvania militia. Following the Confederate attack on Fort Sumter in April 1861, Birney commenced working to raise a regiment of volunteers.   Successful, he became lieutenant colonel of the 23rd Pennsylvania Volunteer Infantry later that month.   In August, after some service in the Shenandoah, the regiment was re-organized with Birney as colonel.    David Birney - Army of the Potomac: Assigned to Major General George B. McClellans Army of the Potomac, Birney and his regiment prepared for the 1862 campaign season.   Possessing extensive political connections, Birney received a promotion to brigadier general on February 17, 1862.   Leaving his regiment, he assumed command of a brigade in Brigadier General Philip Kearnys division in Major General Samuel Heintzelmans III Corps.   In this role, Birney traveled south that spring to take part in the Peninsula Campaign.   Performing solidly during the Union advance on Richmond, he was criticized by Heintzelman for failing to engage during the Battle of Seven Pines.   Given a hearing, he was defended by Kearny and it was determined that the failure was a misunderstanding of orders. Retaining his command, Birney saw extensive action during the Seven Days Battles in late June and early July.   During this time, he, and the rest of Kearnys division, was heavily engaged at Glendale and Malvern Hill.   With the failure of the campaign, III Corps received orders to return to Northern Virginia to support Major General John Popes Army of Virginia.   In this role, it took part in the Second Battle of Manassas in late August.   Tasked with assaulting Major General Thomas Stonewall Jacksons lines on August 29, Kearnys division took heavy losses.   Three days after the Union defeat, Birney returned to action at the Battle of Chantilly.   In the fighting, Kearny was killed and Birney ascended to lead the division.   Ordered to the Washington, DC defenses, the division did not take part in the Maryland Campaign or Battle of Antietam. David Birney - Division Commander:      Rejoining the Army of the Potomac later that fall, Birney and his men were engaged at the Battle of Fredericksburg on December 13.   Serving in Brigadier General George Stonemans III Corps, he clashed with Major General George G. Meade  during the battle when the latter accused him of failing to support an attack.   Subsequent punishment was avoided when Stoneman praised Birneys performance in his official reports.   During the winter, command of III Corps passed to Major General Daniel Sickles.   Birney served under Sickles at the Battle of Chancellorsville in early May 1863 and performed well.   Heavily engaged during the fighting, his division suffered the highest casualties of any in the army.   For his efforts, Birney received a promotion to major general on May 20. Two months later, the bulk of his division arrived at the Battle of Gettysburg on the evening of July 1 with the remainder arriving the following morning.   Initially positioned at the south end of Cemetery Ridge with its left flank at the foot of Little Round Top, Birneys division moved forward that afternoon when Sickles advanced off the ridge.   Tasked with covering a line extending from Devils Den through the Wheatfield to the Peach Orchard, his troops were spread too thin.   Late in the afternoon, Confederate troops from Lieutenant General James Longstreets First Corps attacked and overwhelmed Birneys lines.   Falling back, Birney worked to re-form his shattered division while Meade, now leading the army, funneled reinforcements to the area.   With his division crippled, he played no further role in the battle. David Birney - Later Campaigns: As Sickles had been severely wounded in the fighting, Birney assumed command of III Corps until July 7 when Major General William H. French arrived.   That fall, Birney led his men during the Bristoe and Mine Run Campaigns.   In the spring of 1864, Lieutenant General Ulysses S. Grant and Meade worked to reorganize the Army of the Potomac.   As III Corps had been badly damaged the previous year, it was disbanded.   This saw Birneys division transferred to Major General Winfield S. Hancocks II Corps.   In early May, Grant commenced his Overland Campaign and Birney quickly saw action at the Battle of the Wilderness.   A few weeks later, he was wounded at the Battle of Spotsylvania Court House but remained in his post and commanded his division at Cold Harbor  at the end of the month.       Moving south as the army advanced, Birney played a role in the Siege of Petersburg.   Taking part in II Corps operations during the siege, he led it during the Battle of Jerusalem Plank Road in June as Hancock was suffering the effects of a wound sustained the previous year.   When Hancock returned on June 27, Birney resumed command of his division.   Seeing promise in Birney, Grant assigned him to command X Corps in Major General Benjamin Butlers Army of the James on July 23.   Operating north of the James River, Birney led the successful assault on New Market Heights in late September.   Falling ill with malaria a short time later, he was ordered home to Philadelphia.   Birney died there on October 18, 1864, and his remains were interred in the citys Woodlands Cemetery. Selected Sources David Birney - III CorpsLest We Forget: David BirneyFind A Grave: David Birney

Tuesday, February 18, 2020

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

Captivity - Essay Example luential individual or stratum upon the weak and helpless, so that the powerful could exploit the riches, belongs, talent, energies or qualities of the captive for his own purpose. As it has often been observed that the highly qualified professionals are confined to some specific task or job by the rich entrepreneur in the name of financial stability. Similarly, animals are made captive and confined into cages and snares for the entertainment of humans. But captivity is not restrained to encaging or physical confinement only. Rather, there are multiple forms of imprisonment and captivity. Renowned French philosopher of 18th century Jean Jacques Rousseau once said that man was born free, but everywhere he is in chains. The quote maintains depth of oceans in it due to the fact that man undergoes various kinds of captivities, which serve as great hurdles on his way to achieve his ultimate destination in this world as well as in the world Hereinafter. Hence, humans are captives of social norms, cultural traditions, historically existing conventions, religious beliefs, financial problems and statutes of prevailing law, and are bound to adapt their lives accordingly on the basis of all such norms, mores, traditions, beliefs and laws. Not only this that man is bound in the chains inflicted by others upon him, but also he is slave to his own wishes and desires, which make him their captive in the very sense and definition of the term. It is therefore it is aptly viewed that man is the captive of his own body. Hunger and thirst are basic human instincts and needs, without whi ch body stops working properly. If an individual is not offered bread for few hours only, he will start turning weak and fragile. Consequently, he becomes irritated and strives to get the same either in peaceful manners or by applying force. It brings uncertainty, disorder, chaos and turmoil in society. But it proves the very fact that man is captive of his body. Extraordinary change in climate, chilly