Thursday, October 31, 2019

To what extent is deeper European integration in the national interest Essay

To what extent is deeper European integration in the national interest of Britain today - Essay Example In brief the different conceptions are: How does the term 'Europeanization' differ from 'European integration' This is a complex theoretical debate without a definite answer. My personal opinion is that European integration focuses on the process f institution building and political integration at the European level more so whereas, the phrase Europeanization is more all encompassing and is used to analyse the dynamics f European integration, how it occurs and more importantly how it impacts on the domestic politics f member states. Some academics believe that the two definitions are interchangeable and the term Europeanization should be scrapped so as to avoid further conceptual confusion. (Smith 2003, 14-16) I think all the five definitions have some relevance in helping to conceptualise the term but I particularly think that an analysis f 1) and 2) are the two most important elements to help understand the transformations currently taking place in the EU. Combined they provide a two way analysis; 'top down' and 'bottom up' allowing us to examine the interplay between the EU system and the British polity which is said to be "characterized by complex feedback loops". These loops reflect the complex interaction f global, European, national and sub-national processes. Similarly, I have conceptualised the Europeanization f UK politics as a two-way process with a slight emphasis on the downward causation from EU to domestic structure: "a process whereby domestic politics becomes increasingly subjected to European policy-making". This is a broad yet useful definition which can focus on the EU becoming part f the 'organisational logic' or administrative practices f the UK government (Evetts 1998, 438-440; Knill, 2001) and it can also include the informal rules, beliefs, paradigms, styles, ideologies and culture that infiltrate through to the member states. I will examine the extent to which this process has occurred and look at limiting factors such as globalisation and xenophobia. The domestic impact f European-level institutions The multitude f processes and mechanisms involved in EU development mean that member states are transformed differently across domestic institutions and policy areas. Policy issues There has been increased interest in European policy implementation over the course f the 1990's. Policy implementati

Tuesday, October 29, 2019

The Effects of the African Slave Trade Term Paper

The Effects of the African Slave Trade - Term Paper Example The slave trade did not start with the intention of selling human beings. Rather, it was a product of a vicious cycle that spiraled into its final form of trading humans. It was not certain if the Arab slave trade was the precursor to the West slave trade. Initially, the Arabs had the slave trade only as a supplement to their more lucrative commerce in Africa with Sudanese gold and other rare and exotic woods. The Arab slave trade however was not geared towards a full scale buying and selling of humans but rather only as a means to satisfy their domestic needs. The Europeans (later the Americans) found the slave trade to be profitable followed suit and made a full scale business out of it whose numbers of the slaves traded accounted to millions (historians dispute the actual numbers but they agreed that it accounted to millions). The slave trading was intensified especially when the plantations on the islands off the coast of Africa (Sao Tome, Principe, Cap Verde) were successfully e stablished. Also, when the New World (America) embarked on its plantation and mines of gold, copper, cocoa, sugar, corn, tobacco and coffee, the slave trade became a convenient source of forced labor. Suffice to say that the international trade during the 15th to 19th century was driven by the slave trade. The commodities that were traded were not only grown and attended by slaves, but the slaves themselves were also part of the commodities that were traded internationally. These centuries of trade slave, ten centuries of slave trade from the Muslim countries that spanned between ninth to ninenteenth century, four centuries of slave trade from Western countries that eclipsed the ten centuries of trade of the Muslim countries, had a widespread implication among the African countries. African countries bled from the forced raid and stripping of its human resource whose trade passed through all her possible routes from the Sahara, through the Red Sea, from the Indian Ocean ports and ac ross the Atlantic (Bokolo). â€Å"The figures, even where hotly disputed, make your head spin. Four million slaves exported via the Red Sea, another four million through the Swahili ports of the Indian Ocean, perhaps as many as nine million along the trans-Saharan caravan route, and eleven to twenty million (depending on the author) across the Atlantic Ocean† (Bokolo). The most obvious effect of slave trade among these African countries is non-development. The African countries being robbed of its able bodied human resource were not able to embark on the development of its agriculture which was a pre requisite towards industrialization (people has to eat first before they can industrialize). Instead, its human resource and best able bodied men and women were used to till the lands of their European and American counterparts and also manned the factories and mines that became the engine of growth in the Western world. While Europe and America prospered, the African source of l abor languished in poverty. The underdevelopment of African countries even lingered until today even if the slave trade already ended more than a century past. The slave trade was so prevalent that the magnitude and depth of the damage brought by the trade that literally stripped these African

Sunday, October 27, 2019

Googles Entry in Publishing | Dissertation Proposal

Googles Entry in Publishing | Dissertation Proposal DISSERTATION PROPOSAL GOOGLE: AT THE FORE OF A PUBLISHING REVOLUTION Abstract Google Inc. is poised to ignite a technological revolution in publishing, a revolution that will establish the company as a leader in the publishing industry. This thesis will be supported by applying existing theories on industry and organisational life cycles, technology, and business strategy to the current state of the publishing industry vis-à  -vis internal factors at Google. Hypothesis Google Inc. is strategically poised to ignite a technological revolution in the publishing industry, a move that will permit Google, already proclaimed as â€Å"the top search engine in the world† (Piper 2004), to become the dominant player in the electronic publishing, or e-publishing, industry and a major force in the broader publishing industry. Importance of the Topic Today, the world is witnessing the beginnings of a technological challenge to traditional ‘paper and ink’ publishing. This challenge, which is not unlike that posed by Internet enterprises to traditional ‘brick and mortar’ retail establishments, banks, and service organisations, is being led by Google Inc. Based on a theoretical foundation, this research will explore the convergence of new technologies and organisational factors that Google is strategically leveraging to revolutionise publishing and to achieve leadership status in the publishing industry. Theoretical Base for the Research Research will be based on industry and organisational life cycle theories as well as classic technology theory and its relevance to the life cycle theories and business strategy. Industry life cycle theory suggests that industries pass through a series of stages which affect factors such as competition, consumer demand, and strategy. Organisational life cycle theory suggests that all organisations evolve through a typically predictable set of sequential stages in which their thinking and behaviour change. The concept of technology in this context refers to the methods and mechanisms that organisations use to transform inputs into outputs. The application of technology, through the implementation of organisational strategies, can affect industry and organisational life cycles. The theory of competitive position suggests that organisations adopt strategies that reflect their positions in the market. Prior Research on the Topic Google’s Web site (n.d.) states that its mission is â€Å"to organize the worlds information and make it universally accessible and useful†. Deutschman (2005) reports that Google, founded in 1998, has experienced phenomenal sales growth of more than 400,000% in the past five years, making it the fastest growing company in history. He states that the market value of the company is US$80 billion. Wikipedia (n.d.) traces Google’s history from its inception as a research project in 1996 through today and furnishes insight into management and salaries, the corporate culture, acquisitions, and legal and social issues. Google has been described as â€Å"more than a search engine, less than a god† (Piper 2004) and as â€Å"the 800-pound octopus that is filling potential rivals with dread and envy†, implicitly threatening competitors with acquisition or elimination. (Elgin and Hesseldahl 2005). Glover (2004) summarises Google’s business model as one w hich offers its services to the public at no cost, earning its revenue from advertisers who post links to their own Web sites then pay fees to Google based on the number of people who make the link from Google to the advertisers’ sites. Elgin and Hesseldahl (2005) provide significant insight into Google’s ambitious business expansion plans and its challenges to major industry players. Notess (2005) reports on Google’s first entry into the e-publishing arena with Google Answers. Pike (2005) describes Google Scholar and the Google Library Project as continuing forays into the e-publishing industry; M2 Presswire (2004) explains Google Library in more depth. Notess (2005) compares Google Scholar with Scirus, a competitive product. Peek (2004) reports on Google’s relationship with DSpace, a company devoted to capturing, storing, indexing, preserving, and redistributing university research results, and the Electronic Education Report (2003) describes Google’s relationship with DK Publishing in a joint effort to install an encyclopaedia for young people on the Web. Jesdanun (2005) reports on the impact Google Library is having on the publishing industry. Ferguson (2005) and Dodson (2005) provide in-depth analyses of Google’s cross-industry plans for the future as well as plans specifically relating to the publishing industry. Finally, Carvajal (2005), Degtyareva (2005), Liedtke (May and August 2005), and PR Newswire (2005) pose global issues that Google as well as publishers and authors are facing with regard to Google’s e-publishing plans. In addition to the sources surveyed for information about Google, research was conducted into the history of publishing, industry life cycle, technology theory, organisational life cycle, and business strategy formulation. Feather (1990) and Millgate (1987) write extensively about the history of publishing. The Columbia Encyclopedia (2004) defines publishing in a broad sense as â€Å"making something publicly known† then continues by describing its history, the emergence of publishing firms, new technologies, and mergers and acquisitions. Proctor (2000), in advising that industry life cycle is a key factor in business strategy planning, identifies and describes in detail the three stages that comprise an industry’s life cycle – growth, maturity, and decline – as well as the characteristics of industries at each stage. Pitt (2000) explores the philosophical meaning of and various definitions for technology. Daft (1998, citing Rosseau 1979 and Perrow 1967) d efines technology as â€Å"the tools, techniques, and actions used to transform inputs into outputs†. Daft (1998) likens the life cycle of an organisation to that of a person (i.e. birth, growth, and death), citing the following as stages through which an organisation passes during its development: entrepreneurial stage, collectivity stage, formalisation stage, and elaboration stage. Smith and colleagues (1991) provide a conceptual framework and a comprehensive methodology for developing and implementing business strategies. Research Approach The selected approach involves using secondary research to support the stated thesis. The interrelationships among industry and organisational life cycle, technology, and business strategy theories will be explored then related to the history of the publishing industry to explain the reasons that the industry is at a stage where it is susceptible to fundamental change. Finally, based on the established theoretical foundation and the publishing industry’s susceptibility to change, data collected about Google Inc.’s history, mission, business model, financial status, competitors, challenges, technologies, and plans for the future will be used to show that the company is in a unique position to take advantage of the publishing industry’s susceptibility to change by fundamentally changing publishing technology thereby allowing Google to become the dominant player in the electronic publishing, or e-publishing, industry and a major force in the broader publishing indus try. Limitations and Key Assumptions This project will not involve the use of primary research as sufficient secondary data exists. The research will allude to the many business opportunities that Google is currently exploring to highlight the extent of the company’s expansion plans, but will concentrate on the company’s e-publishing initiatives. Only the theories identified in this proposal will be used to prove the thesis. No assumptions are being made. Contribution to Knowledge The contribution to knowledge resulting from this research will be to use industry and organisational life cycle, technology, and business strategy theories and their interrelationships to demonstrate how Google can leverage its position and new technologies to fundamentally change a major existing industry and to establish a leadership position in that industry. Proposed Chapters It is envisioned that the dissertation will consist of six chapters: (1) introduction, (2) survey of prior research, (3) research methodology, (4) research results, (5) analysis of results, and (6) summary and conclusions. References Carvajal, Doreen (2005) ‘German publishers, Google challenge’, International Herald Tribune, June 6, 2005. (The) Columbia Encyclopedia (2004) Book publishing. Daft, Richard L. (1998) Organization Theory and Design, Cincinnati, Ohio: South-Western College Publishing. Degtyareva, Victoria (2005) ‘New Google digital library hits copyright roadblocks’, University Wire, September 21, 2005. Deutschman, Alan (2005) ‘Can Google stay Google’, Fast Company, August 1, 2005. Dodson, Angela P. (2005) ‘A whole new meaning for the verb to Google Between the lines: The inside scoop on whats happening in the publishing industry’. Black Issues Book Review, March 1, 2005. Electronic Education Report (2003) ‘DK Publishing teams with Google to launch new e-encyclopedia’, August 29, 2003. Elgin, Ben and Hesseldahl, Arik (2005) ‘Google’s grand ambitions’, Business Week, September 5, 2005. Feather, John (1990) ‘The printed book’ and ‘Publishing before 1800’, Coyle, Martin et al., eds., Encyclopaedia of Literature and Criticism, London: Routledge. Ferguson, Charles H. (2005) What’s Next for Google, January 2005. Web Site: http://www.technologyreview.com/articles/05/01/issue/ferguson0105.0.asp, [Accessed: October 18, 2005]. Glover, Tony (2004) ‘Google IPO locks out foreign investors – or does it?’, Knight Ridder/Tribune Business News, May 9, 2004. Google (n.d.), Corporate Information: Company Overview, Web site: http://www.google.com/intl/en/corporate/index.html, [Accessed: October 19, 2005]. Jesdanun, Anick (2005) ‘Google project shakes up book publishing’, Wisconsin State Journal, September 22, 2005. Liedtke, Michael (2005) ‘Google halts scanning of copyrighted books’, Associated Press, August 13, 2005. Liedtke, Michael (2005) ‘Publishers protest Google Library project’, Associated Press, May 24, 2005. M2 Presswire (2004) ‘Google checks out library books; The Libraries of Harvard, Stanford, the University of Michigan, the University of Oxford, and The New York Public Library join with Google to digitally scan library books and make them searchable online’, December 14, 2004. Millgate, Jane (1987) Scott’s Last Edition: A Study in Publishing History, Edinburgh: Edinburgh University Press. Notess, Greg (2005) ‘Scholarly Web searching: Google Scholar and Scirus’. Online, July 1, 2005. Peek, Robin (2004) ‘Googling DSpace’, Information Today, June 1, 2004. Perrow, Charles (1967) ‘A framework for the comparative analysis of organizations’, American Sociological Review 32. Cited in Daft (1998). Pike, George H. (2005) ‘All Google, all the time’, Information Today, February 1, 2005. Piper, Paul S. (2004) ‘Google spawn: The culture surrounding Google’, Searcher, June 1, 2004. Pitt, Joseph C. (2000) Thinking about Technology: Foundations of the Philosophy of Technology, New York: Seven Bridges Press. PR Newswire (2005) ‘Google Library project raises serious questions for publishers and authors, August 12, 2005. Proctor, Tony (2000) Strategic Marketing: An Introduction, London: Routledge. Rousseau, Denise M. (1979) ‘Assessment of technology in organizations: Closed versus open systems approaches’, Academy of Management Review 4. Cited in Daft (1998). Smith, Garry D. et al. (1991) Business Strategy and Policy, Boston, Massachusetts: Houghton Mifflin Company. Wikipedia (n.d.) Google, Web site: http://en.wikipedia.org/wiki/Google, [Accessed: October 18, 2005].

Friday, October 25, 2019

Ghost Story of the Green Rat Essay -- Ghost Stories Urban Legends

The Green Rat This story was first told to me and my older brother by my uncle when we were still relatively young children (about 4 and 8 years old). We were riding in the car and he was telling the story to entertain and scare us. At the time he was in his mid-30s and living in Olney, MD, as were we. He called the story â€Å"The Green Rat,† and after I talked to him about the story, he said that it was a scary tale that he first heard on a camping trip with the Boy Scouts in California when he was in 7th grade (approximately 1966 when he was about 12 years old). Four kids stayed overnight in a supposedly haunted house. [Here the teller made his description of the house match one of the older houses in my neighborhood (the house was historical, the neighborhood was relatively new)]. On a dare. In one of the rooms, there was a creepy painting of the green rat with a ball and chain on one of its legs. The boys thought they were really tough and chose to stay in separate bedrooms--one may have stayed in the room with the painting. Part way through the night, the boys heard a chain being drug along the floor. [Teller makes a chain noise and later remarks that one time when he recorded the story for one of our cousin’s he used an actual chain to make the sound.] There was a scream [Teller screams] along with the sound of someone being attacked. [Quietly] When the noise subsided, the boys came out of their rooms to find one of them missing--[pause] it was the boy who was in the room with painting. They went to check in the room and noticed that the eyes of the green rat in the painting were now glowing and there seemed to be a little blood around its mouth. There was now a skull in the corner of the picture of the green... ...house with my friends. Works Cited Anonymous. â€Å"The Clown Doll: An Urban Legend.† University of Maryland Legends Collection. Accessed 4/01/06. http://www.wam.umd.edu/~dschloss/Legends/clown.htm. Brunvand, Jan Harold. Encyclopedia of Urban Legends. New York: W. W. Norton, 2001. Brunvand, Jan Harold. The Vanishing Hitchhiker: American Urban Legends & Their Meanings. New York: W. W. Norton, 1981. Eeeek-NET! Designed and Maintained by Kryss.com Web Services. 2000-2006. Accessed 4/01/06. http://www.eeeek.com/true_stories1.html. Ellis, Bill. â€Å"Adolescent Legend-Tripping,† in Psychology Today. August 1983. 68-69. Thompson, Stith. Motif-Index of Folk-Literature: A Classification of Narrative Elements in Folktales, Ballads, Myths, Fables, Mediaeval Romances, Exempla, Fabliaux, Jest-Books, and Local Legends. Indiana University. 6 vols. 1955-1958.

Thursday, October 24, 2019

Hydraulics and Hydrology Lec

48362 – HYDRAULICS and HYDROLOGY James E Ball – Hydrology Component SUBJECT DETAILS 1 CONTACTS ? Assoc Prof James Ball ? ? ? james. [email  protected] edu. au ph – 9514 2623 Office Hours ? ? Monday 2:00 – 4:00pm Contact by email for appointment SUBJECT CONCEPT The objective of this component of the subject is: ? Introduce engineering hydrology; ? Introduce hydrological processes; ? Introduce flood estimation; and ? Introduce engineering hydrology applications in water resources management. 2 SUBJECT CONCEPT This introduction is aimed at: ? Providing an ability to apply commonly used methods in hydrology; and ?Provide an understanding of the theory behind these methods. REFERENCES Three references that may be useful are ? Applied Hydrology – Chow, Maidment & Mays, McGraw-Hill Book Co. ? Hydrology An Australian Introduction – Ladson, Oxford University Press ? Australian Rainfall & Runoff – A Guide to Flood Estimation – Engineers Australia No published Course Notes are available for this subject. 3 SUBJECT DOCUMENTS UTS-Online will be used for distribution of ? Copies of lecture slides; ? Reading material; and ? Tutorial problems. Students should note that additional reference books may be noted in the lecture slides.LECTURE STRUCTURE Each Hydrology lecture period will comprise: ? 2 hour lecture; and ? 1 hour tutorial. It is expected that students will have accessed the lecture slides, reading material and tutorials prior to the lecture period. 4 SUBJECT TIMETABLE Date Topic 27 February Hydrology and Water Resources 5 March Meteorology 12 March Hydrologic Data 19 March Surface Water 27 March Storm Runoff 2 April Hydrologic Design 9 April Design Rainfall 1 May Peak Flow Estimation 7 May Hydrograph Estimation – Part 1 13 May Hydrograph Estimation – Part 2 14 May Environmental Flows 21 May Water Sensitive Urban Design 4 JuneCourse Review HYDROLOGIC CYCLE Lecture 1 5 CONTENT ? Introduction to Hydr ology ? Development of Hydrology ? Hydrologic Cycle ? Australian Hydrology INTRODUCTION 6 DEFINITION OF HYDROLOGY Greek word: Hydor => water & ology => study of Hydraulics comes from Greek word hydraulikos which in turn comes from hydor (Greek for water) and aulos (meaning pipe). DEFINITION OF HYDROLOGY UNESCO (1979)1 defines hydrology as â€Å"the physical science which treats the waters of the Earth, their Occurrence, Circulation and Distribution, their Chemical and Physical Properties, and their Reaction with the Environment†. UNESCO, (1979), Impact of urbanisation and industrialisation on water resources planning and management, Studies and Reports in Hydrology, UNESCO, UNESCO, Paris. 7 WATER Water is essential for maintenance of life. Early civilisations were concentrated on rivers ? ? establishment of settlements near rivers analogous to looking for signs of water on Mars Management of water is multi-disciplinary; many professions are involved. WATER Variety of problems encountered include ? Flood mitigation ? Sanitary sewer systems ? Land drainage ? Water Supply ? Culvert and bridge design ? Environmental Flows ? Erosion ?Mine tailings ? Drought ? Adaptation to climate change ? Irrigation systems ? Hydro-electric and power generation ? Stormwater systems 8 RURAL FLOODING URBAN FLOODS 9 STORMWATER STRUCTURES STORMWATER DRAINS 10 WATER SUPPLY HYDRO-ELECTRIC POWER 11 IRRIGATION SCHEMES DROUGHT 12 DEVELOPMENT OF HYDROLOGY Ancient civilisations were integrated with their river valleys. Examples are ? ? ? ? ? Egyptian Civilisations and the Nile Valley Mesopotamian Civilisations and the TigrisEuphrates Indian Civilisations and the Indus Valley Ancient China and the Yellow River Andean Civilisations and Coastal Peru DEVELOPMENT OF HYDROLOGYMany of structures from early civilisations are still in operation. Large scale irrigation and drainage works were associated with these civilisations. Earliest recorded dam is about 2900BC (the Sadd Al-Kafara at Wadi Al-Garawi, 25km south of Cairo) Used for both flood protection and irrigation. Also site of earliest known dam failure. 13 DEVELOPMENT OF HYDROLOGY Oldest surviving dam in the world is the Grand Anicut Dam on the Kaveri River in Southern India. This structue dates back to 2nd Century AD. DEVELOPMENT OF HYDROLOGY Water supply to Ancient Rome has been estimated as being approx 500L/c/d.Current water supply requirements are ? ? ? Australian cities, design – approx. 430L/c/d Australian cities, actual – approx. 230L/c/d US cities, design – approx 600L/c/d Drainage structures (such as the Cloaca Maxima) from Ancient Rome are still being used today. 14 ANCIENT ROMANS Cloaca maxima Bath, UK AQUEDUCTS Pont du Gard, France c19 BC Hampi, India 1st century AD 15 DEVELOPMENT OF HYDROLOGY Flood protection has been practiced for thousands of years along the Yellow and Yangtze Rivers. It remains an issue of concern in these areas to the current day. DEVELOPMENT OF HYDROLOGY Wat er has been of interest for many years.Ancient Greek and Roman philosophers speculated on a hydrologic cycle – Homer, Plato, Aristotle, Lucretius, Seneca, Pliny. This cycle was developed from their observations of water in their environment. Use of observations remains a fundamental component of current hydrologic applications and research. 16 DEVELOPMENT OF HYDROLOGY Chinese recorded observations of rain ? ? ? An-yang oracle bones as early as 1200BC; Used rain gauges around 1000BC; and Established systematic records about 200BC. Indian records date back to 400BC. DEVELOPMENT OF HYDROLOGY Scientific development of hydrology occurred uring the Renaissance period. Examples are ? ? ? Leonardo da Vinci – velocity distributions in streams. Bernard Palissy – springs originated from rainfall. Pierre Perrault – runoff is a fraction of rainfall. 17 DEVELOPMENT OF HYDROLOGY Other contributions during this period were made by ? ? ? ? ? Galileo Newton Bernoulli Euler Lagrange DEVELOPMENT OF HYDROLOGY Significant scientific development occurred in the 19th Century when ? ? ? ? ? Dalton proposed the principle of evaporation. Hagen-Poiseuille described capillary flow. Mulvaney developed the Rational method. Darcy described mathematically porous media low. Rippl developed methods for determining storage requirements. 18 DEVELOPMENT OF HYDROLOGY 20th Century saw rapid development of quantitative hydrology. Biggest influence during this period was the development of the digital computer and the development of catchment modelling systems. Limitation now is data availability rather than calculation capacity. HYDROLOGIC CYCLE 19 HYDROLOGICAL CYCLE One of the fundamental cycles of nature. Basis for the science of hydrology. Important points ? ? ? ? Cycle has no start and no end. Cycle is continuous. Flow of water in the cycle is not continuous.Water moves erratically through the cycle. HYDROLOGICAL CYCLE 20 HYDROLOGICAL CYCLE HYDROLOGICAL CYCLE 21 HYDROL OGICAL CYCLE HYDROLOGICAL CYCLE General components of the cycle are ? Atmospheric Water ? Surface Water ? Ground Water In analysis of water resource problems, these components are treated with a systems approach. 22 SYSTEMS CONCEPT A systems concept is applied when considering the hydrological cycle or some component thereof. This is consistent with the reductionist concept used in many engineering problems. SYSTEMS CONCEPT The reductionist philosophy is based on reducing the system to a number of smaller omponents. The response of the system then is determined from summation of the responses of the individual components. 23 SYSTEMS CONCEPT WATER BALANCE 24 WATER BALANCE Amount of water does not change. Where it may be found does change. Water maybe found in the seas and oceans, in the atmosphere, on the surface, below the surface, and in biological systems. WATER BALANCE ITEM Oceans Polar Ice Groundwater Lakes Soil Moisture Atmospheric Water Rivers Biological Water ?Water VOLUME (k m3) % TOTAL WATER 1. 338 x 109 96. 5 24. 0 x 106 1. 7 23. 4 x 106 1. 69 187. 9 x 103 0. 0138 16. 5 x 103 0. 0012 12. 9 x 103 . 001 2. 1 x 103 0. 0002 1. 1 x 103 0. 0001 1. 386 x 109 100. 0 UNESCO, 1978 – ref 11, ladson ch1 25 WATER BALANCE Not all water is freshwater. Only approx 2. 5% of the water is fresh water – water in the oceans and some lake water and ground water is saline. Considering only fresh water, the values in the previous table are modified to WATER BALANCE UNESCO, 1978 ITEM VOLUME (km3) % TOTAL WATER Polar Ice 24. 0 x 106 68. 6 Groundwater 23. 4 x 106 30. 1 103 0. 26 Soil Moisture 16. 5 x 103 0. 05 Atmospheric Water 103 0. 04 Rivers 2. 1 x 103 0. 006 Biological Water 1. 1 x 103 0. 003 Fresh Water 35. 0 x 106 00. 0 Lakes 187. 9 x 12. 9 x 26 WATER BALANCE Basis of any volume based problem is a water balance. This is a usage of the concept of continuity. In general, application of continuity gives in volume terms Inflow – Outflow = Change in Stora ge (? S) And in flux terms Qi – Qo = ? S / ? t WATER BALANCE Components of inflow for a water body such as a lake or reservoir are ? Precipitation (P) ? Inflow from rivers or groundwater (I) 27 WATER BALANCE Components of outflow for a water body such as a lake or reservoir are ? Evapo-transpiration (ET); ? Outflows – Extractions, Downstream flows, (O); and ? Seepage (G)WATER BALANCE Hence the water balance for a water body is P + I – O – ET – G = ? S 28 WATER FLOWS While the volume of water in a source is important, the flux of water through a component is important also. An indication of the flux can be obtained from the diagram of the hydrological cycle. WATER FLOWS The Global Annual Water Balance is shown on in units relative to the annual volume of precipitation on land masses. Note that this is a flow rate (km3/yr). 29 WATER FLOWS ? Precipitation ? ? ? ? Land – 119,000 km3/yr (800mm/yr) Ocean – 458,000 km3/yr (1270mm/yr) Total à ¢â‚¬â€œ 577,000 km3/yr Evaporation ? ? ?Land – 72,000 km3/yr (484mm/yr) Ocean – 505,000 km3/yr (1400mm/yr) Total – 577,000 km3/yr WATER FLOWS ? Runoff to Oceans ? ? ? Rivers – 44,700 km3/yr Groundwater – 2,200 km3/yr Total Runoff – 47,000 km3/yr (316mm/yr) 30 WATER FLOWS Considering the volume and flux gives the mean residence times in a particular source. The mean residence time for atmospheric water is obtained by dividing the volume (S) of water in the atmosphere by the flux (Q), ie TR ? S 12,900 ? ? 0. 022 yr ? 8. 2days Q 577,000 WATER FLOWS ITEM Oceans Polar Ice & Glaciers Groundwater Lakes Soil Moisture Rivers Atmosphere Biological WaterTR 2600 years 1100 years 700 years 13 years 155 days 13 days 8. 2 days 3. 4 days 31 AUSTRALIAN CLIMATE AUSTRALIAN CLIMATE â€Å"†¦of droughts and flooding rains† 32 RIVER RUNOFF Australia has low runoff per unit area (average depth of surface runoff). Also, Australian runoff has greater vari ability due to lack of snow melt period. RAINFALL COMPARISON Variability of Annual rainfall 20 18 Coefficient (%) 16 14 12 10 8 6 4 2 0 A ustralia S. A frica Germany France NZ India UK Canada China USA Russia Country 33 AUSTRALIAN CLIMATE CLIMATE CLASSIFICATIONS Marked wet summer and dry winter of northern Australia.Wet summer and low winter rainfall of southeast QLD and northeast NSW. Uniform rainfall in southeast Australia. Wet winter and dry summer of southwest WA and parts of the southeast. Arid area comprising about half of the continent More on BoM website 34 AUSTRALIAN RAINFALL Pluviometer Network Daily Read Network PRECIPITATION 35 AUSTRALIAN RAINFALL City Average Annual Rainfall (mm) Average Number of Rain Days Darwin 1714 111 Sydney 1217 138 Brisbane 1149 122 Perth 786 114 Melbourne 653 147 Canberra 623 105 Hobart 569 135 Adelaide 530 121 Alice Springs 279 31 After Ladson, 2008 AUSTRALIAN CONDITIONSAustralian rainfall is influenced by general circulation patterns. Most of Australia is around 30o latitude which tend to be areas of descending air. Note – that the solar equator moves during the year. 36 AUST. CLIMATE VARIABILITY Known major causes Approximate time scale Effect Synoptic weather patterns Day / week â€Å"Weather† Southern Annular Mode Weeks +ve phase => winter rainfall deficiencies in southern Australia; summer increases in MDB El Nino / La Nina (Southern Oscillation Index) Inter-annual El nino => lower rainfalls La nina => higher rainfalls Indian Ocean Dipole Inter-annual ve phase => increased rainfall +ve phase => decreased rainfall Inter-decadal Pacific Oscillation Inter-decadal Flip flops between drier and wetter periods e. g. 1st half of 20th century wetter than 2nd half The Australian climate – influences http://www. bom. gov. au/watl/about-weather-and-climate/australian-climate-influences. html 37 The Australian climate – influences The Australian climate – topography 38 Seasonal rainfall variatio n across the country Seasonal rainfall variation across the country Mean rainfall – Katherine mm Mean rainfall – Dubbo mm 240 220 200 180 160 140 120 100 80 60 40 0 0 240 220 200 180 160 140 120 100 80 60 40 20 0 J F M A M J J A S O N J D F Mean rainfall – Alice Springs mm M A M J A S O N D Mean rainfall – Sydney mm 240 220 200 180 160 140 120 100 80 60 40 20 0 J 240 220 200 180 160 140 120 100 80 60 40 20 0 J F M A M J J A S O N D J F M A M J J A S O S O N N D Mean rainfall – Perth mm Mean rainfall – Strahan mm 240 220 200 180 160 140 120 100 80 60 40 20 0 J F M A M J J A S O N D 240 220 200 180 160 140 120 100 80 60 40 20 0 Perth wind rose February J F M A M J J A D Rainfall variability – a comparison Annual rainfall – Birdsville mm 600 400 200 2000 1980 1960Annual rainfall – Bourke mm Annual rainfall – Perth 1940 1920 1900 0 mm 1000 1400 1200 800 1000 600 800 600 400 400 200 200 1980 1960 1940 1920 1900 1980 19 60 1940 1920 1900 1880 1880 0 0 39 NSW annual rainfall time-series New South Wales Annual Rainfall 1000 900 Dry Period: 1900 – 1946 Average Rainfall: 477. 7mm *Dry conditions commenced 1890 Standard Deviation: 90. 4 Wet Period: 1947 – 2000 Average Rainfall: 573. 9mm 20. 1% increase Standard Deviation: 127. 0 800 New Dry 2001/06 439. 5mm 23. 4% decline Rainfall (mm) 700 600 500 400 300 200 100 0 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 Year 40

Wednesday, October 23, 2019

Carol Sheriff’s The Artificial River Essay

APUS, Section 4 Mr. Gordinier January 8th, 2013 All situations and topics have multiple views and perspectives to them. A paradox exhibits contradictory aspects in which there is not either a single good or a bad, positive or negative. In The Artificial River The Erie Canal and the Paradox of Progress, 1817-1862, written by Carol Sheriff, there are many different examples of paradoxes. Towns initially saw the Canal having a negative impact on them, but realized it could help. The Canal provided for faster transportation, but in the case of a crash would take a long time to recover from. Also businessmen benefitted from the Canal, but other lost a lot of money because of it. The Canal provided dramatic change to the upstate New York area. In some cases this change resulted in prosperity and in others it resulted in failure and loss. At the time prior to building the Canal many negative impacts were the only things being considered. In 1826, a Canal Board was set up to deal with many of these complaints and problems. Most of the agreements and compromises were expressed through contracts made between the Canal Board and the people of the towns. Individuals questioned the right to take land to build the canal, water resources being used, and also commercial structures being built along the Canal. The thought of how much these commercial structures could drastically benefit these towns were not contemplated. When the Canal was built towns all along the route from Buffalo to Albany prospered from the revenue and the attraction the Canal brought with it. Whether the Canal was being used for business people, immigrants, settlers of the region, or tourists, the border-towns all had some appeal to these persons. After some time the state was continually asked to expand the Canal from the original route to include connecting canal routes. However, the same towns along the route from Buffalo to Albany had already been established along the lines of the original canal. These towns would need to be relocated in order to obey these new requests. This presented a major problem because the people in these towns had formed a life around the Canal and many of them made their income based of the Canal. The inhabitants of the towns changed their mentality from not wanting the Canal to invade on their lives, to it being an essential part of their lives they depended upon. The Erie Canal provided an extremely fast source of transportation compared to other ones of that time. A lot of the land that the Canal went through was uninhabited and therefore people weren’t able to move through these areas. Once the Canal was built it served as that pathway through these areas. The Canal also was a much cheaper source of transportation that was used by residents, tourists, emigrants, and workers during this time. Evangelical preachers used the artificial river to seek salvation among these people. Also the Canal helped to serve as an underground railroad, transporting slaves from Syracuse to Buffalo, near the Canadian border (Sheriff 53). The Canal not only sped up transportation, but also cost much less for goods to be delivered. Before the Canal goods from Albany to Buffalo would increase to five or six times their actual value just because of transportation. This helped business prosper and served as a positive aspect for the Canal. Although transportation was faster if a boat along the Canal crashed it would hold things up for a long time. A boat crashing had a chain effect on other boats because they then would be slowed down as well. People would not get where they needed to be on time was well as goods. A lot of the times if a boat did crash the goods were not able to be salvaged and hurt the business that owned them. There was also the issue of passing under bridges and how low they were. In a play of William Dunlap the brother of Amelia describes the inconvenience this was saying â€Å"In constant dread of lifting your head above your knees for fear of having it knock’d off your shoulders by a bridge† (Sheriff 55). Inconveniences such as these eventually encouraged travelers to find a different source of transportation; the railroad. The railroad had advantage over the Canal in the fact that it could run all year round. Individuals took advantage of the Canal and used it to help themselves gain profit. Businessmen and entrepreneurs saw the Canal as an opportunity to make money. Some bought their own boats and turned them into their business place. Boats were transformed to stores and markets in which people would buy off of them. Business was not only done on the Canal, but other men would use all the people, especially tourists, and try to sell consumer goods to them. A lot of times these vendors would scam people buying from them. They would sell fake remedies with false claims. Many times they would also trade counterfeit bills for items of actual value. The Canal helped solo merchants in a way that had never been done before. On the other hand the Canal was also very detrimental to many people as well. The people it affected were those whose land and water supply it had taken. When the Canal was built it ruined early settlers property such as the Archbalds. Frequently properties were cut in half. Once water was let into the Canal it caused a number of problems. Majorly because of poor workmanship and laziness water would stream out of the Canal and into farmers’ land. Fields and basements would be flooded, livestock would be injured, and gardens would be damaged. Also the workers feet would trample over fields, showing no regard or carefulness of their surroundings. One farmer claimed that workers torn down his fence simply for their own amusement. Without a healthy stock of crops the farmers would not make as much money and financially were negatively affected by the Canal. The Erie Canal had widely varying results on the people it impacted. Businessmen and entrepreneurs received financial success through the Canal while farmers and people already established along the lines of the Canal seemed to be negatively affected by it. There is no question transportation was faster and cheaper than any other source around that time. Communities and towns both benefitted from the Canal being around them. Initially there was a great amount of hype surrounding the Canal and all this hype brought people. Businesses thrived off these tourists and newcomers. Positives and negatives came from the opening of the artificial river that would change history forever.

Tuesday, October 22, 2019

Categories of E-commerce Essays

Categories of E-commerce Essays Categories of E-commerce Essay Categories of E-commerce Essay Name and describe various categories of e-commerce. Virtual Storefront sells items physical to direct to consumers or to businesses. Such as Overstock.com. Online Marketplace assist a digital environment wher buyers and sellers can meet and look for the items they want and also a auctions. Revenue is made by the transaction fees. Such as Ebay. Portals are the entry point to the web. Such as Yahoo.com. Compare and contrast electronic payment systems. There are a lot of security measures that go along with electronic payments systems such as digital wallets that securely store cc and owner information and the credit card payment system that protects information transmitted amongst users, merchant sites and processing banks. I feel that electronic payments are a little safer than making payments at the actually place for instant if you have a credit card with nordstroms and you go in a pay how do you know the person taking your payment is trustworthy what if the copy your information. With electronic payments they are making it so secure that that wont happen a very low percentage. Which type do you use most often When I pay my bills or make a purchase it is usually online or over the phone through a automated systems and I feel very safe doing so. I have made in store payments or through the mail and have issues such as the payment being credited to my account to late or not the rig ht amount. I have never had these issues online or on automated system. Which type is most applicable for organizations you interact with regularly Electronic payment is the best due to my busy schedule. Explain how Internet technology supports business-to-business e-commerce It helps organizations save money and increases revenue. E commerce is available to everyone, everywhere and anytime. Your are able to conduct business on line in the middle of the night if you have to, to meet the schedule of another business your are working with that are overseas or in another state. And e-commerce makes it possible to shop around for the best deals.

Monday, October 21, 2019

Get Creative! (5 Tips for Writing Poetry and Fiction)

Get Creative! (5 Tips for Writing Poetry and Fiction) Get Creative! (5 Tips for Writing Poetry and Fiction) Here at Proofed, we tend to focus on formal and academic English. But life isn’t all about PhD dissertations and business reports, so today we’re looking at creative writing! The ghost of Oscar Wilde approves. This encompasses many things, from novels and poetry to screenplays and songwriting, each of which requires a different approach. Nevertheless, the following tips should be helpful if youre not sure where to begin with your creative project. 1. Time to Experiment! As mentioned, creative writing includes many different styles and forms. You might already have a good sense of the writing style that suits you, but playing around with different ways of telling the same story or expressing the same idea can lead to interesting places! Likewise, if you’re not sure what kind of creative writing you want to try, reading work by different writers in lots of different styles is a great way of getting inspired. 2. Start Small Maybe you’ve never written any fiction before, yet you’ve had a great idea for the next Harry Potter or Game of Thrones. That’s awesome, but you might want to start with something a bit more succinct before launching into the first volume of your seven-part fantasy epic. Working on shorter stories to begin with will help you develop the skills you need to be a great writer one day. Even George R. R. Martin started out writing about his pet turtles! Knowing GoT, at least one of these guys died by the end of the first chapter. 3. Just Write! We all struggle to write sometimes and getting started can be especially difficult. There are many ways to tackle writer’s block, but one of the best is just to begin writing. This might sound strange, but not letting a lack of inspiration get the better of you is crucial. Even writing a small amount every day will soon add up and you can edit or delete anything you aren’t happy with later on. The important thing is getting some momentum going. 4. Carry a Notebook Coming up with something original is possibly the hardest part of creative writing, so you should carry a notebook around with you to write down ideas as soon as they occur. Keeping a pen and paper by the bed is a good idea, too, since you might be lucky enough to wake up with a great idea for something to write in your head! The Ancient Greek Muses did all their best inspiring at night. 5. Break the Rules! It’s not often that a proofreader will tell you it’s OK to abandon conventional grammar and spelling. Sometimes, however, creative writing requires bending the rules a little. In a novel or a play, for instance, you’ll often have to use informal English if you want dialog to sound realistic. Likewise, since poetry uses language in a very different way to prose, breaking the rules of grammar and spelling can help you to express yourself. Just don’t do the same thing next time you’re writing an academic essay or a report at work!

Saturday, October 19, 2019

Budgets Essay Example for Free

Budgets Essay Essay Topic: Budgets Choose cite format: APA MLA Harvard Chicago ASA IEEE AMA company About StudyMoose Contact Careers Help Center Donate a Paper Legal Terms & Conditions Privacy Policy Complaints There are certain elements that are to be considered in studying and defining the budget, especially in the field of public administration. These elements include economic, political, and ideological concerns that affect the processes budget goes through. A fourth element that defines budget is societal concerns, which proves to be an important factor for the success of the budget. The budget is said to be economic such that it paints a picture where there is a supply and demand. The supply of funds available for the organization would likewise be met by a demand by its components. The scarcity in funds, as is mostly the situation for finite resources, results to the competition of the different departments for their share in the budget. On the other hand, the political and ideological concerns would mostly be found in the budget process as reflected by the final appropriations. The debate that it has to go through in the respective legislative bodies entails a political and ideological working where each actor would pursue their interests. The last component is the concern for societal welfare. A budget, no matter how big, if it is hounded by cold gigantic infrastructures is said to be a failure. It is important that behind every amount pursued for in the budget, there should be a corresponding impact on raising the quality of life of the people for whom it is intended for. The elements of the budget? economic, ideological, political, and societal? are important elements that play several important roles during the existence of the budget and will continue to serve their purpose to make an effective appropriation. Budgets. (2016, Oct 31).

Friday, October 18, 2019

Business interculture communicating Research Paper

Business interculture communicating - Research Paper Example Business intercultural communication is an effective tool for the organizations in order to achieve their objectives along with attaining various accomplishments with regard to performing the international business operations. The effective use of communication within the organization and identification of various cultural norms of the country of operation are the basic elements for the organizations in terms of trading on a global basis (US Department of State, â€Å"Intercultural Business Communication Tips†). The verbal and non-verbal communications are the important aspects of conveying information. The communication style incorporated in the business activities in the UK can be considered as an explicit form of conveying information through utilizing both the verbal as well as non-verbal communication. The communication style employed in the UK has been observed as to be simple and uncomplicated while conveying any information to others. The sense of humor of the British people is also a major element in terms of making justification about any proposal or in terms of decision making process. From the perspective of non-verbal communication, the British people are especially undemonstrative with regard to keeping their emotions concealed from other people by not making anyone uncomfortable for their own problem (s). The reserve nature among the people within the British culture highlights their respect to the person to whom they are communicating with (Kowol & Szumiel, â€Å"United Kin gdom: communication, negotiations and cultural background†). With this concern of communication style that are followed by the British people are the major concerns for the IBM US employees. Therefore, it is important for the employees of IBM to make use of straightforward communication style along with using a minimum number of physical gestures. The undemonstrative nature of hiding the personal feelings is also an

Develop the ability to minimize the risk of litigation Essay

Develop the ability to minimize the risk of litigation - Essay Example Fifthly, I will select individuals who have the skills to investigate all cases of fire reported by civilians to the department in order to find the causes of various fire. Sixthly, I will select reputable individuals who have the capacity of maintaining the department image. Lastly, I will select individuals who maintain and inspects all machineries and equipment used for firefighting. The essential elements of the job description will require selected individuals to attend various meetings and training sessions which will be conducted by the department. The individuals selected will also be expected to be clean of any felony charges or criminal histories. Thirdly, the selected individuals will also be required to obtain a drives license which should be clean from any suspension cases or revocations by the state for one reason or the other. Fourthly, the selected individuals are also expected to be available at their different work stations at all hours of the day without excuses or exceptions unless given permission by the persons in charge. Lastly, the selected individuals are expected to attend named associations and emergency meetings set up by the fire department. Successful candidates selected by the fire department will be required to pass the following tests. They will be required to pass the written assessment exam which will be a test of their basic skills. Secondly, they will be required to pass the candidate physical ability test will have three stages and the applicants will be required to pass all the three stages. The first stage will involve creating awareness among the applicants of what is expected in the actual test. The second stage will be a copycat of the real test and applicants who pass the stage will be considered eligible for the last stage and the last stage will be the final test which will determine the ability of

Critically examine and assess the importance in the development of Essay

Critically examine and assess the importance in the development of judicial review of the case- Roy v kensington & chelsea & westminster family practitioner com - Essay Example Different views can be held of the role of the courts in this area, but they all have one thing in common; they see the prime function of judicial control as essentially negative, namely to ensure that government bodies do not overstep the proper blends of their powers and to protect individuals and the interests of groups and of the public against undue encroachment by government agencies. The two judicial reviews which make it less than ideally adapted to the function of ensuring administrative efficiency are; first is unsystematic nature of judicial review; Courts will review the activities of government only when asked to do so, within a time, by an applicant with the required interest in the outcome of the review. Judicial review cannot be used to conduct wide-ranging and coordinated investigations into the conduct of government business and secondly judicial review is essentially retrospective; its primary concern is with past conduct, and its effect 1on the future conduct of t he administration is incidental (Cooper, 1988). In United Kingdom constitution, the major weapon of judicial control over the exercise of governmental power is provided by the action for judicial review. This action serves to keep public bodies within the scope of the power conferred on them by the law. Prior to the present law commission inquiry into procedural aspects of judicial review, there have been significant changes in the ways in which governmental power is exercised and controlled. This focuses on the law commission’s report number 226 the ‘Judicial Review and Statutory Appeals’ which examines specific proposals contained therein arguing that, underlying the reforms there exists no coherent vision of the future role of public law. But instead, what is revealed is a confused cocktail of measures in which the tension between the legitimate needs of public administration and the opposing requirement that

Thursday, October 17, 2019

Wal-Mart goes smaller Essay Example | Topics and Well Written Essays - 500 words

Wal-Mart goes smaller - Essay Example Well there will be some complaints from small business owners in those towns, but they do not have the same financial might as big corporations. Bigger cities are unafraid at what a Walmart store may bring to the local market. Finally, I also think that some people in the cities are put off by Walmart because they see it as a corporate giant that does not have the best interests of the local citizens at heart. This longstanding reputation has hurt the brand image of Walmart and made city people more aware of what the company can bring to the big smoke. 2) One of the main criticisms of Walmart entering the cities was that the stores were too big for zoning requirements. In order to meet this objective, Walmart executives allowed these urban stores to be no more than 8,000 square feet. This is a huge change for Walmart because the company has been so successful with large stores of more than 42,000 square feet. It says a lot that the company was willing to change its strategy so much in order to be allowed to open stores in the big cities. It is good that Walmart has compromised and find a way to meet zoning requirements. Walmart has also changed its range of products, with customers in the big cities only able to pick up groceries from the store. All other products can be ordered online and then picked up. 3) From an operations management point of view, Walmart will not be able to use economies of scale to its advantage. Because of the limited space available in store, Walmart will have to only keep a select few products on display. This can lead to slow response times and slow down the supply chain completely. Walmart has been successful for so long due to its efficient supply chain, and by giving that away the company may lose ground to some of its competitors. The consumer will be impacted by these changes greatly. Because of the smaller amount of stock available, as well as the fact that

The Administrations for Children Services New York City Essay

The Administrations for Children Services New York City - Essay Example The organization is currently in the process of implementing innovative procedures that should optimistically show its effect on the organization's work. Will this be sufficient to addressing the problem How efficient will the organization be after all the changes The paper will in detail confer the potential positive outcome of the restructured organization. The paper will also analyze the media's effect on the expedited renovations to the system. In order to more fully understand the current status of the ACS, a brief synopsis of its history is necessary. On January 10, 1996, for the first time in New York City history, an agency "devoted solely to serving children and their families" was established.1 The ACS mission is to "ensure the safety, permanency and well-being of the 1.8 million children in New York City and to strengthen families."2 In order to achieve this, several key areas of responsibility were established by Nicholas Scoppetta the agency's first commissioner. These include: In order to achieve these aims the agency put several processes in place including: reduced caseloads for workers, increased training and compensation packages, fostered improved interagency cooperation between various government agencies including Family court, the Department of Education and the various police agencies within the city and streamlined the record keeping system and automated it into a streamlined mode using latest technology. Additionally the ACS established in 2001 an intake facility solely dedicated to those children entering the foster care system, initiated a clinical consultation team to specifically work on cases involving physical abuse, substance abuse and mental health services and developed an intricate system to measure level and quality of services provided to children and their families. This system known as EQUIP (the Evaluation and Quality Improvement Protocol) was designed to evaluate all phases of the ACS system including: "processes, outcomes and quality."4 Finally, ACS instituted a comprehensive service review plan to ensure timely meetings within required time frames are conducted for each case. Yet, with all the innovative programs purported to be instituted children are still 'slipping through the cracks' - too often with deadly

Wednesday, October 16, 2019

Critically examine and assess the importance in the development of Essay

Critically examine and assess the importance in the development of judicial review of the case- Roy v kensington & chelsea & westminster family practitioner com - Essay Example Different views can be held of the role of the courts in this area, but they all have one thing in common; they see the prime function of judicial control as essentially negative, namely to ensure that government bodies do not overstep the proper blends of their powers and to protect individuals and the interests of groups and of the public against undue encroachment by government agencies. The two judicial reviews which make it less than ideally adapted to the function of ensuring administrative efficiency are; first is unsystematic nature of judicial review; Courts will review the activities of government only when asked to do so, within a time, by an applicant with the required interest in the outcome of the review. Judicial review cannot be used to conduct wide-ranging and coordinated investigations into the conduct of government business and secondly judicial review is essentially retrospective; its primary concern is with past conduct, and its effect 1on the future conduct of t he administration is incidental (Cooper, 1988). In United Kingdom constitution, the major weapon of judicial control over the exercise of governmental power is provided by the action for judicial review. This action serves to keep public bodies within the scope of the power conferred on them by the law. Prior to the present law commission inquiry into procedural aspects of judicial review, there have been significant changes in the ways in which governmental power is exercised and controlled. This focuses on the law commission’s report number 226 the ‘Judicial Review and Statutory Appeals’ which examines specific proposals contained therein arguing that, underlying the reforms there exists no coherent vision of the future role of public law. But instead, what is revealed is a confused cocktail of measures in which the tension between the legitimate needs of public administration and the opposing requirement that

The Administrations for Children Services New York City Essay

The Administrations for Children Services New York City - Essay Example The organization is currently in the process of implementing innovative procedures that should optimistically show its effect on the organization's work. Will this be sufficient to addressing the problem How efficient will the organization be after all the changes The paper will in detail confer the potential positive outcome of the restructured organization. The paper will also analyze the media's effect on the expedited renovations to the system. In order to more fully understand the current status of the ACS, a brief synopsis of its history is necessary. On January 10, 1996, for the first time in New York City history, an agency "devoted solely to serving children and their families" was established.1 The ACS mission is to "ensure the safety, permanency and well-being of the 1.8 million children in New York City and to strengthen families."2 In order to achieve this, several key areas of responsibility were established by Nicholas Scoppetta the agency's first commissioner. These include: In order to achieve these aims the agency put several processes in place including: reduced caseloads for workers, increased training and compensation packages, fostered improved interagency cooperation between various government agencies including Family court, the Department of Education and the various police agencies within the city and streamlined the record keeping system and automated it into a streamlined mode using latest technology. Additionally the ACS established in 2001 an intake facility solely dedicated to those children entering the foster care system, initiated a clinical consultation team to specifically work on cases involving physical abuse, substance abuse and mental health services and developed an intricate system to measure level and quality of services provided to children and their families. This system known as EQUIP (the Evaluation and Quality Improvement Protocol) was designed to evaluate all phases of the ACS system including: "processes, outcomes and quality."4 Finally, ACS instituted a comprehensive service review plan to ensure timely meetings within required time frames are conducted for each case. Yet, with all the innovative programs purported to be instituted children are still 'slipping through the cracks' - too often with deadly

Tuesday, October 15, 2019

Evaluating Aristotle Essay Example for Free

Evaluating Aristotle Essay Far from being a social constraint, or perhaps a force that elicits fear of being caught, the motives that move a person to choose what is good and avoid what is evil draw well the fine line that separates actions that may be regarded as moral, or those that are immoral. Ethics is important, if not necessary in relation to human living. At the very least, this science helps maintain the fundamental order of and within a society. This is possible because ethics is not only a theory that informs people about what is good or bad, it also asks them to adhere to the principles it teaches. It is thus both informative and formative, or both a theory and practice, consistent with how it is commonly defined: â€Å"the discipline dealing with what is good and bad, and with moral duty and obligation† (Merriam-Webster). But what would perhaps be an equally interesting point to look at is the diverging manner by which many people believe to be the basis of moral action. Key to understanding this would be to ask: why be moral? It may help to cite three notable thinkers who have given their own take of the matter. Aristotle, Immanuel Kant and John Stuart Mill on Ethics Aristotle’s most eloquent articulation of his ethical theories figures in his infamous work called Nicomachean Ethics. In it, his overarching concern to prove that ethics is chiefly related to the concept of â€Å"ends† (or purposes) can be learned. According to Aristotle, every human activity hopes to achieve the â€Å"end† or the â€Å"good† to which it is pursued – e. g. , â€Å"in medicine this is health, in strategy victory, in architecture a house† (Nicomachean Ethics, 7). While Aristotle further contends that there are activities which are pursued for its own sake – and not for the sake of arriving at a good apart from the activities themselves (Nicomachean Ethics, 1) – his work manifests a greater emphasis laid on the goal-orientedness of all human activities. Now, Aristotle further maintains that human life too has an inherent end that needs to be pursued. He thinks of this fundamental human good as happiness – â€Å"the best, noblest, and most pleasant thing in the world† (Nicomachean Ethics, 8). And he himself argues that it is an end that must be pursued not for the sake of anything else, but precisely because it is a chief good in itself (Nicomachean Ethics, 7). Ethics for Aristotle is therefore basically a virtuous accordance of all human activities relative to happiness. This is where his virtue ethics takes shape. In order for all men to attain happiness, Aristotle believes that everyone needs to develop a virtue – a habit of acting that promotes an excellence in one’s use of reason. This is what Aristotle in essence implies when he says that â€Å"happiness is an activity of soul in accordance with perfect virtue† (Nicomachean Ethics, 13). Immanuel Kant’s is a philosopher who elevated ethics into the realm of metaphysics – that is, it is a science drawn from a priori principles (read: from demonstration or logic and not from a particular experiences) but are applied to definite situations in life as well (Kant, 1). This implies that ethics is something that must be applied for all men, in all places, and at all times. Simply put, ethics for Immanuel Kant is both necessary and universal in scope. It is necessary because all men are obliged by the dictates of their reason to obey moral laws; it is universal because moral laws care for no exception. Which is why, Kant believes that moral laws are â€Å"categorical imperatives† – a law that â€Å"concerns not the matter of the action, nor its intended result, but its form and the principle of which it is itself a result†, because it is â€Å"conceived as good in itself† and that it conforms to reason (Kant, 18-19). If only to clarify, Kant here states that a moral law must be obeyed neither on account of the benefit it brings nor the pleasure it elicits, but precisely because it is good in itself. In a way, a moral law is an empty formulation about duty; meaning, it is something that needs to be obeyed on account of nothing else but the adherence to the law itself. Should it be asked how one can arrive at a knowledge of moral law which is both necessary and universal, Immanuel Kant suggests that one can test human actions in reference to, say, this particular formulation: â€Å"act only on a maxim that you can at the same time will that it should become a universal law† (Kant, 23). John Stuart Mill meanwhile proposes a philosophy of ethics based on a more utilitarian perspective. In his work entitled Utilitarianism, he regards the outcome of an activity as the basis for evaluating the ethical repercussions of any action. He articulate this idea quite clearly in saying, â€Å"†¦utility or Happiness (must be) considered as the directive rule of human conduct† (Mill). In other words, ethics is based on how one carefully weighs in the maximum amount of happiness that may result from choosing an action, against the background of a host of alternative options. He even calls this approach the â€Å"Greatest Happiness Principle† – the â€Å"ultimate end with reference to and for the sake of which† all human activities become â€Å"desirable† (Mill). It works under the premise that before a person acts, he or she would have first appreciated which decision would turn in the best returns or outcomes, both in terms of quality and quality. Mill’s ethical philosophy, one may quickly notice, runs in serious contradiction with Aristotle and Kant, whose theories have taught the necessity of adhering to a virtuous life or to a moral imperative not on account of any purpose, but solely because of good inherent in the act itself. As Mill himself notes, â€Å"according to the utilitarian opinion, the end of human action, is necessarily also the standard of morality† (Mill). By Way of Conclusion: My Definition of Ethics Based on the above discussed ethical notions – its basis, nature and implications – I wish to conclude this paper with a proposal to define ethics as a norm that forms human freedom and, like Immanuel Kant, a law that must be universal and categorical. Firstly, I find that the tendency to define morality in terms of obligation does not at times appreciate the full weight of human freedom. But morality is precisely a human endeavor not only because humans have reason, but more importantly because actions stem from the fundamental use freedom as well. Moral acts, one must carefully note, are arrived at only with the proper education and nurturance of human freedom. It is in fact drawn from the basic premise that human freedom is at its best when one is able to use it to build up one’s welfare, as well as those of others. I am of the opinion that anyone who wish to expound on the ethical standards of an action must first begin with the evaluation of human freedom. In this way, ethics can shed light into the need to use the faculty of freewill for the sake of the goodness inherent in itself – as Aristotle and Kant have argued –, and directed towards the goodness of something else – as Mill has on the other hand proposed. Second, in an ethical theory where human freedom is of critical importance, it is thus wise to adopt the logic from which Immanuel Kant derives his categorical imperative. As one would notice, Kant’s maxim â€Å"do something as though you would want that action be done for all people† touches on two fundamental areas of ethics – the decision of the person, or human freedom, and the universality of the scope of moral laws. I find Kant here to be a great source of insight. With his theory, I believe that I can adopt the position that ethics is a science that forms human freedom because, in Kant’s maxim, the subjective capacity for self-determination is tempered by the duty to obey objective laws. Kant’s categorical imperative does little to undermine freedom, as it does try hard to protect the universal applicability of moral law. In this regard, I would therefore say that Kant’s ethical theory is the best position to take, at least from the perspective of ethical notion that I have chosen to adopt. References Aristotle. â€Å"Nicomachean Ethics†. 29 June 2008, http://classics. mit. edu/Aristotle/nicomachaen. 1. i. html â€Å"ethic. † Merriam-Webster Online Dictionary. 2008. Merriam-Webster Online. 29 June 2008 http://www. merriam-webster. com/dictionary/ethic Kant, Immanuel. â€Å"Fundamental Principles of the Metaphysic of Morals†. 29 June 2008 http://www. scribd. com/doc/2225702/kantfundamental143 Mill, J. S. â€Å"Utilitarianism†. 29 June 2008 http://utilitarianism. org/mill2. htm

Monday, October 14, 2019

Steven Spielberg, film analysis

Steven Spielberg, film analysis Steven Spielberg is a film director who has had a long career of about four decades. He has given the film industry some of the best films of many themes and genres. However, his filming style conveys his absolute regard towards action and adventure. His career gives us films that consist of action and adventure in different plots and a variety of stories. His concept of adventure films were archetypes of the blockbuster filmmaking in modern Hollywood. His essence of adventure has made him one of the most influential directors in the film industry. In the years of his career, he has won many awards and made his way towards fame and success. His most famous films that became record breaking are Jaws, E.T and Jurassic Park. Each of these was made under his original filmmaking style which portrayed action and adventure. They are known to be the best films in the history of cinema and were the highest grossing films of that time. The themes of these films revolved around science fiction but were directed using the best techniques to display pure action (Jackson 234). However, Steven Spielberg has achieved much of his success not only through his filming style and techniques, but his themes. Many recurring themes have been observed in his films. The theme in most of his films talks about ordinary people who discover extraordinary beings or circumstances. At many times during his interviews, Spielberg has admitted his imagination and interest that goes beyond the ordinary means of life. He says that his belief in the extra terrestrial surroundings is shown in the themes of the films he make. His films have been influenced by his fathers interests that he adopted while he was a child. His father was a science fiction fan and thus Spielberg was inspired by the concepts. He said he felt like an alien throughout his childhood and that is how the interest of talking and filming about aliens came to his career. This genuine interest was portrayed through his unique style of directing his films with action and adventure surrounding the plot. As he focused on the lives of the ordinary people, majority of his films displayed the family theme. His family themes were enlightened with the sense of faith and wonder. This is shown in his works such as E.T and Close Encounters of the Third Kind. These themes have been displayed using the specific technique of using low height camera tracking shots that eventually became Spielbergs trademark. He has used this technique in films that include children, for which it looks apparent, and also for films such as The Terminal, Saving Private Ryan and Munich. This kind of a shot is utilized very evidently in his films especially in Jaws where the low angle is used to show someone swimming (Gordon 93). More towards the family theme, parent child relationships are most persistently shown in Spielbergs films. His family theme focuses on ordinary family people, tension in relationships between parent and child, the entering of children in old age, and ignorance of parents etc. In his film Hook, the father is depicted as a workaholic parent with no time for his children, and throughout the film he strives to regain the respect and love of his children. The absence of the childs father in E.T is another example of this theme. In fact, it is evident that this theme is most closest to Spielbergs life since he belonged to a broken family where his parents were divorced. Throughout his childhood, he was deeply affected by the divorce and felt the absence of his father greatly. However, through the theme he has earned his place as the most influential director of all time (Edge 102). Spielberg has used these themes to apply his techniques of using the camera. These ordinary people and sentimental topics have been iced with adventurous scenes and plots. Action has also been his style for long until he turned 40 and decided not to do action movies anymore. His major career breakthrough was because of his action movies and touchy themes. He has continues to inspire and impress his fans. Sharks, dinosaurs and aliens have been some of the best pictured films including science fiction, action, adventure and a family theme. His films depict his imagination and life as a child with his father and later the absence of his father. Some of the technical details added to his films are the camera shots he chooses. Many of them have become his trademark and notable in his most famous films. He uses the camera to display his best shots. His over the shoulder shots, track in shots and sideways tracking shots are used more often. He has a specific style of shooting action and adventure. Graphics and sound effects are used side by side to complement his themes. His films also include violence as part of the action involved. He creates unthinkable climax scenes for the films using visual effects for example groundbreaking in A.I Artificial Intelligence (Morris 67). In E.T, the story revolves around a child who befriends an alien. The child in the film does not have a father and he is a lonely child. His innocence turned into maturity is shown in the film. The alien he befriends has been left out from a UFO that landed on the ground. The camera shots and visual effects have been used to show the UFO landing on the ground. Furthermore, the adventurous story of the boy and the alien comes to the point where the boy has to save the alien from people trying to catch him for other purposes. The story shows how the child protects and sends back the alien to his planet. The film is about scientific fiction yet it became one of the highest grossing films. When it is about Spielbergs concept of action and adventure, Jaws is the best film one could think of. It was shot using many perspectives but Spielberg managed to successfully create a masterpiece. The film was inspired by the bestselling novel of the same name. The story revolves around a roaring shark and scenes underwater. The exceptions in the film are that related to the family theme. Brody in the film is a family committed man. The main focus of the film remains to be the shark and the adventurous journey of the beachgoers to whom the man-eating shark attacks. Jurassic park is also a science fiction film which features dinosaurs. Spielberg has presented the theme with extraordinary filming techniques and shots. The storyline and the adventure of the journey, the surrounding and the imagination are outstanding. Spielberg has been able to successfully use graphics and visual effects to show the thriller on screen. It is the best example of Spielbergs style of direction and action. Spielberg has given his best through his films. He has proved to be one of the best directors in the history of cinema. His imagination, interests and thoughts have been accumulated together in various films. They have won the hearts of many and received praise worldwide. He has also been the winner of many awards for his films. His movies showed new style of action and adventure where there are twists and turns, relationships, extra terrestrial life, and many other effects that appeal to the viewer. Spielberg has reached new heights in his career because of his talent and ability to depict the fictitious stories into touchy sentimental stories maintaining the level of action and adventure. Work Cited Gordon Andrew. Empire of Dreams: The Science Fiction and Fantasy Films of Steven Spielberg. USA: Rowman Littlefield, 2008 Jackson Kathi. Steven Spielberg: A Biography. USA: Greenwood Publishing Group, 2007 16 Edge Laura. Steven Spielberg: Director of Blockbuster Films. USA: Enslow Publishers, Inc., 2008 Morris Nigel. The Cinema of Steven Spielberg: Empire of Light. India: Wallflower Press, 2007

Sunday, October 13, 2019

Social Research Essay -- essays research papers

AISHA GITTENS-HIPPOLYTE Taking Two Of The Theoretical Approaches To Social Research Discussed In The Module, Demonstrate The Connections Between Their Ontological, Epistemological And Methodological Assumptions. Which Method Or Methods Would Proponents Of Each Theory Favour As A Result Of Their Assumptions. In order to understand the production of sociological knowledge one must first examine the thought processes that lay behind each piece of research. Before a particular subject matter is researched, the researcher firstly makes certain assumptions about that matter. These assumptions differ dependent on the theoretical approach that is taken. They can be divided into three logical areas, namely ontology, epistemology and methodology. Sociologists researchers first make ontological assumptions. That is to say, they decide what they are studying or what should be studied. They decide what the subject matter consists of and the meanings behind it. They must consider the social reality and the nature of being, in relation to the subject matter. Having satisfied this researchers then make epistemological assumptions surrounding the subject matter. They must decide on the type of evidence to be collected, considering which evidence will deliver optimum validity. They must decide which stance to take during research, objective or neutral, considering which would be possible or even favourable. They must then think about how this can be best achieved. Should the research be classified as 'scientific' or 'unscientific' and what determines this? Based on the preceding ontological and epistemological assumptions a researcher then makes methodological assumptions. Having decided on exactly what is to be studied the researcher then decides how the research can best be managed thus formulating a plan of action. Considerations include whether the research used should be primary or secondary. Whether one will test an existing hypothesis or whether one will construct a theory after having collated evidence. Finally one can draw conclusions as to which strategy to implement with the ultimate goal of producing the type of knowledge that is required. This then results in the type of method or methods of research to be used. To investigate this further I will discuss these assumptions and identify particular methods favoured in relation to two contrasting theories, ... ...ences and to raise any questions or issues that they may have. The research must be useful, ensuring that the reasons for the research are in the best interests of the oppressed and is necessary to bring about social change. Methods The methods favoured by standpoint theorists must give voice to the concerns of the oppressed. They must be able to be representative of those groups. This links this theory to qualitative methods such as in-depth interviewing or participant observation. These methods would allow the researcher to come into close contact with the subject and allow the subject's own point of view to be heard. Other methods can be used such as questionnaires, as long as they serve a useful purpose. As long they ultimately serve to improve the lives of the oppressed. Using two theoretical approaches to social research namely, Positivism and Standpoint theory, I have demonstrated implicit connections in their respective assumptions. The ontological, epistemological and methodical assumptions are all integral facets of the understanding of social research. Once these are understood one can then draw conclusions as to which type or types of methods are appropriate to use.

Saturday, October 12, 2019

John Steinbecks East of Eden - Religious References :: East Eden Essays

Religious References in East of Eden Religion constantly appears throughout Steinbeck's East of Eden. Among these religious appearances are the similarities between the Cain and Abel story and the characters, the Hebrew word timshel, and the presence of God/Fate in the novel. First, East of Eden is a reenactment of the Cain and Abel tale. Many similarities are seen between the two. The title East of Eden comes from the biblical tale when " 'Cain went out from the presence of the Lord and dwelt in the land of Nod on the east of Eden' " (Steinbeck 352). The relationship between Abel and Cain, who killed Abel, is similar to those of Adam and Charles, who once tried to kill Adam, and Aron and Caleb, who informed Aron of their mother's profession, an act which led to Aron's death in World War I. Charles and Caleb fight for their fathers' affections in the same way in which Cain fought with Abel over the Lord's attention. Also in the novel, "the Cain characters ... are identified by names beginning with "C" (Cyrus, Charles, Cathy, Caleb) and the Abel characters ... with "A" (Alice, Adam, Aron, Abra)" (Lisca 269). Next is the word timshel-- thou mayest-- a Hebrew word spoken to Cain by the Lord: " 'if thou doest not well, sin lieth at the door. And unto thee shall be his desire, and thou shalt rule over him' " (Steinbeck 351). Lee discovers that the verb in this passage has been translated as both thou shalt [rule over evil] and do thou [rule over evil].With the help of his Chinese elders and a Jewish Rabbi, Lee determines that the original meaning is thou mayest-- "the word timshel ... gives a choice" (398) or free will to mankind to commit good or evil acts. This word appears often in the novel and is important at the very end where Adam's final timshel blesses and forgives Caleb and reminds him that even after his "murder of his brother ... he can still choose his course and fight it through and win", meaning Caleb still has the chance to overcome the tendency for evil which he believes he has inherited form his mother. (Gribben 96) One of the novel's epiphanies is Lee's translation of timshel to thou mayest. This translation puts choice into man's destiny. According to this view, we are not condemned; we have a choice between good and evil.

Friday, October 11, 2019

Aspect of Contract & Negligence in Business Essay

The aim of this brief article is to set out some key aspects of contract and the tort of negligence using the following headings: †¢The relationship between the parties †¢The nature of the obligation †¢Causation and remoteness of damage †¢The measure of damages. Using the same headings should remind you of the key aspects of each of the two areas in such a way that you are less likely to confuse them. (The words ‘contract’ and ‘negligence’ are deliberately repeated in each heading so that you get into the habit of distinguishing between the rules for each area, rather than having a general set of notes on, say, remoteness of damage, which confuses material from both areas.) KEY ASPECTS OF THE LAW OF CONTRACT Contract – the relationship between the parties A contract is a legally binding agreement formed by the mutual consent of the parties. The parties may be known to each other, as with a client and an accountant, or they may be strangers, as with a software company and a person who downloads and installs the software. In either case, there is a clear relationship between the parties and this relationship is both formed and governed by the contract. (The rules governing the formation and content of contracts are set out in syllabus areas B1 and B2 of Paper F4 (ENG) syllabus.) Contract – the nature of the obligation In a contractual relationship, the nature of the obligation is determined by the terms of the contract. By entering into the contract, the parties agree to accept the resulting obligations. That is not to say that there is complete freedom of contract, since certain contractual terms may be restricted by statute – for example, under the Unfair Contract Terms Act 1977. Nevertheless, in order for a contract to be binding, the parties must intend to create legal relations and their contractual obligations are based on mutual consent. Contract – causation and remoteness of damage This issue concerns the extent of the defendant’s liability for the chain of events set in motion by the breach of contract. The leading case is Hadley v Baxendale (1854) in which the defendant was contracted to transport a broken mill shaft from the claimant’s mill to the repairers. The defendant was late in delivering the shaft and the mill was idle for a longer period as a result. The claimant sought damages for loss of profits during the delay. The court found for the defendant, setting out a two-stage test for remoteness of damage. In order to be recoverable, the loss must be: †¢either a normal result of the breach, or †¢one which, at the time of the contract, both parties would have contemplated as a probable result. Here, given how important a drive shaft was to a mill, neither test was satisfied, since it was reasonable to expect that the mill would have a spare shaft. Another useful case here is Victoria Laundry v Newham Industries (1949). Here, the defendant’s delay caused the defendant loss of profit, including the loss of an unusually lucrative contract. The defendant was liable for normal loss of profit under the first limb of the Hadley test, but not for the loss from that particular contract. He would only have been liable for that had he known about it when the contract was formed. Contract – the measure of damages The remedies available for breach of contract include the common law remedies of damages, action for the price and quantum meruit, as well as the equitable remedies of injunction and specific performance. Remember that a breach of contract is a breach of a legal obligation, so the aim of the remedies is to put the claimant in the position that they would have been had the defendant fulfilled the obligation. This means putting the claimant in the position that they would have been in had the contract been performed. In relation to damages, this may be divided into expectation loss  (benefits that might have been gained from the performance of the contract) and reliance loss (expenses incurred by the claimant in his side of the contract). The conduct of the claimant may also affect the amount of damages payable, since the claimant is under an obligation to take reasonable measures to mitigate the loss, as in Payzu v Saunders (1919). For example, if the buyer refuses to accept or pay for the goods, the seller must recover what they can by selling the goods to a third party. The damages will be the difference between the contract price and the amount that the seller receives. If the seller receives the contract price or higher from a third party, only nominal damages will be claimable. A claimant who does not attempt to mitigate their loss may have their damages reduced by the amount by which they could have done so. It is for the defendant to prove that the claimant failed to mitigate the loss. We will now use the same headings in relation to the tort of negligence. KEY ASPECTS OF THE TORT OF NEGLIGENCE Negligence – the relationship between the parties Negligence cases are based on a non-contractual relationship between the parties. The parties may be known to each other, as with a surgeon and a patient, or they may be strangers, as with two drivers involved in a road traffic accident. Due to the lack of any agreed relationship between the parties, the first question that arises in the case of negligence is that of whether any relationship exists between them at all. If one party is to be held liable to another in negligence, the relationship that must first be established is that of a duty of care. Exam answers often state as a learned fact that liability in negligence is non-contractual, but it is worth spending a little longer thinking about what it actually means. As a future accountant, you may find it helpful to relate this point to professional negligence cases since these illustrate the extent to which an accountant may be held liable in relationships where there may be no contractual obligation. A useful case in this respect is Caparo Industries plc v Dickman (1990). Here, the claimants were shareholders in a company and the defendants were the company’s auditors. The claimants relied on the audited accounts and purchased more shares with a view to making a takeover bid. Having taken over the company, the claimants discovered that the company had in fact made a  £400,000 loss rather than the  £1.2m profit shown by the financial statements. The House of Lords held that the requirements for a duty of care to exist were as follows: †¢the harm must be reasonably foreseeable †¢there must be proximity between the claimant and the defendant †¢it must be just, fair and reasonable to impose a duty of care on the defendant. Note that foreseeability at this stage in the context of negligence is used to establish whether there is any relationship between the parties; this is not necessary at this stage in contract since the contract itself establishes that there is a relationship. (We will consider foreseeability again in relation to remoteness of damage, which is discussed below.) In Caparo, the contract was between the company and the auditors. The individual shareholders did not have a contract with the auditors. The question was whether the auditors owed a duty of care to the shareholders. The House of Lords held that the auditors owed a duty to the shareholders as a body, but that they did not owe a duty to potential investors or to existing shareholders who planned to increase their shareholding. The defendants were therefore not liable. Caparo is one of a number of cases considering professional negligence. (This is covered by syllabus area B5 of Paper F4 (ENG).) A key theme running through these cases is the existence of the so-called ‘special relationship’. This was first established in Hedley Byrne & Co Ltd v Heller and Partners (1963). Bear in mind that the question of a special relationship is likely to be relevant where the claimant does not have a contractual relationship with the professional providing the advice. In Hedley Byrne itself, the claimant provided services on credit to a client. It did so on the basis of a credit reference given by the defendant, the client’s bank. Note that there was a contract between the claimant and the client and a contract between the client and the bank, but no contract between the claimant and the bank. The defendant was able to avoid liability by relying on an exclusion clause contained in the credit reference. However, had the clause not been present, the defendant would have been liable because it had used its special skill to provide a statement to the claimant in the knowledge that the claimant would rely on this. Other cases that you may find helpful to consider in this context are as follows: †¢JEB Fasteners Ltd v Marks, Bloom & Co (1982) †¢Morgan Crucible v Hill Samuel Bank Ltd (1991) †¢James McNaghten Paper Group Ltd v Hicks Anderson & Co (1991) †¢ADT v BDO Binder Hamlyn (1995) †¢NRG v Bacon & Woodrow and Ernst & Young (1996) In each case, identify any contractual relationships between the various parties involved and the nature of the relationship between the claimant and the defendant. Negligence – the nature of the obligation In relation to negligence, the nature of the obligation is not agreed between the parties but rather is imposed by operation of law. For example, a road user will owe a duty of care to other road users and a manufacturer will owe a duty of care to the final consumers of its products. Once a duty of care has been held to exist, the defendant’s actions are judged by the standard of the reasonable man in the defendant’s position:Blyth v Birmingham Water Works (1856). The standard of care for professionals is of the reasonable professional having or holding himself out as having the skill or ability in question. Learners and the inexperienced will also be judged against the standards of the fully-qualified. Negligence – causation and remoteness of damage In relation to negligence, issues of causation and remoteness tend to be  considered separately. The key test for causation is known as the ‘but for’ test, which basically asks whether the loss would have been sustained ‘but for’ the defendant’s negligence. The leading case here is Barnett v Chelsea and Kensington HMC (1969). The claimant arrived at the hospital emergency department complaining of stomach pains. He was sent home without being examined and subsequently died. Even though the doctor owed the patient a duty of care and had breached the duty, the breach of duty had not caused the patient’s death, since the poisoning was so advanced by the time the patient arrived at the hospital that he could not have been saved even with prompt treatment. The defendant was therefore not liable. The key test for remoteness in negligence is one of foreseeability. In The Wagon Mound (1961), the defendants negligently allowed oil to spill into Sydney Harbour. The claimants were welding, but ceased doing so on seeing the oil. Having been advised that the sparks would not ignite oil lying on the surface of the water, they resumed work. Sparks ignited debris lying on the surface of the oil, which in turn ignited and damaged the claimants’ wharf. It was held that the defendants were not liable since the only foreseeable damage was pollution rather than fire. By contrast, in Jolley v London Borough of Sutton (2000), a local authority failed to remove an abandoned boat for two years. A 14 year-old was seriously injured when he tried to jack up the boat in order to repair it. The authority was found liable since it knew that children regularly played on the boat, so it was foreseeable that a child would be injured. It did not matter that the precise nature of the injury could n ot be foreseen. The cases may appear to conflict, since The Wagon Mound focuses on foreseeability of the type of damage whereas Jolley v Sutton focuses on foreseeability of some harm. There are a number of cases in this area and they are not always easy to reconcile. For the purposes of Paper F4, the key point to remember is that the test for remoteness in the tort of negligence is based on foreseeability of harm. You should be prepared to illustrate this point with examples. Note that the law of negligence considers foreseeability twice: once in relation to duty of care and again in relation to remoteness. Remember that, if there is no duty of care, the question of remoteness does not arise. Caparo v Dickman is a useful illustration of this: it might be foreseeable that existing shareholders would rely on an audit report in deciding whether to increase their shareholding. Nevertheless, the auditor did not owe a duty of care to potential investors. This was based on other aspects of the duty test: proximity and the question of whether it was fair, just and reasonable to impose a duty. Negligence – the measure of damages As with contract, once liability in negligence has been established, the next point to consider is that of remedies and the aim of the remedies is to put the claimant in the position that he would have been in had the breach of obligations not taken place. For negligence, the aim is therefore to put the claimant in the position that they would have been had the tort not been committed. Again, as with contract, the damages payable may also be reduced because of the claimant’s conduct. In negligence, this may be due to the partial defence of contributory negligence. This happens in cases where, even though the defendant was at fault, the claimant contributed to their own loss. Where this happens, the claimant’s damages are reduced by the percentage to which the claimant is held to be at fault. The leading case here is Sayers v Harlow UDC (1958) where the claimant was trapped in a public toilet due to a defective lock. She was injured when trying to climb out and it was held that she had contributed to her own injuries. It is for the defendant to prove that the claimant was contributorily negligent. CONCLUSION Contract and the tort of negligence arise in separate questions on Paper F4, so you will not be asked to compare and contrast them. The aim of this article is to identify some key similarities and differences so that you are less likely to confuse these two areas. Your aim for the exam should be to be able to explain these key aspects of contract and negligence without confusing them. You may find that the following table acts as a useful revision aid: Contractual LiabilityLiability in negligence Relationship between the partiesThe relationship is created and governed by the contract. The parties enter the relationship by mutual consent.The relationship is non-contractual and is imposed by law. The defendant must owe the claimant a duty of care. Nature of obligationThe parties must comply with the terms of the contract.The defendant must act according to the standard of care expected of the reasonable man or the reasonable professional. Causation and remotenessIf the loss is a normal result of the breach, the defendant will be liable; if the loss is not a normal result of the breach, the defendant will only be liable if they knew of the unusual circumstances.The defendant’s negligence must cause the claimant’s loss and the loss must have been a foreseeable consequence of the breach of duty. Measure of damagesThe aim is to compensate the claimant by putting them in the position that they would have been had the contract been performed.The aim is to compensate the claimant by putting them in the position that they would have been had the negligence not taken place. Possible reduction of damagesDamages may be reduced by the amount that could have been mitigated if the claimant fails to take reasonable action to mitigate the loss.Damages may be reduced by the relevant percentage if the claimant’s conduct contributed to the loss.