Tuesday, November 26, 2019

Battle of Naseby - English Civil War

Battle of Naseby - English Civil War Battle of Naseby - Conflict Date The Battle of Naseby was a key engagement of the English Civil War (1642-1651) and was fought June 14, 1645. Armies Commanders Parliamentarians Sir Thomas FairfaxOliver Cromwell13,500 men Royalists King Charles IPrince Rupert of the Rhine8,000 men Battle of Naseby: Overview In the spring of 1645, with the English Civil War raging, Sir Thomas Fairfax led the recently formed New Model Army west from Windsor to relieve the besieged garrison of Taunton. As his Parliamentarian forces marched, King Charles I moved from his wartime capital at Oxford to Stow-on-the-Wold to meet with his commanders. While they were initially divided on what course to take, it was ultimately decided for Lord Goring to hold the West Country and maintain the siege of Taunton while the king and Prince Rupert of the Rhine moved north with the main army to recover the northern parts of England. As Charles moved towards Chester, Fairfax received ordered from the Committee of Both Kingdoms to turn and advance on Oxford. Unwilling to abandon the garrison at Taunton, Fairfax dispatched five regiments under Colonel Ralph Welden to the town before marching north. Learning that Fairfax was targeting Oxford, Charles was initially pleased as he believed that if the Parliamentarian troops were busy laying siege to the city they would be unable to interfere with his operations in the north. This pleasure quickly turned to concern when he learned that Oxford was short on provisions. Arriving at Oxford on May 22, Fairfax began operations against the city. With his capital under threat, Charles abandoned his original plans, moved south, and attacked Leicester on May 31 in the hope of luring Fairfax north from Oxford. Breaching the walls, Royalist troops stormed and sacked the city. Concerned by the loss of Leicester, Parliament ordered Fairfax to abandon Oxford and seek battle with Charles army. Advancing through Newport Pagnell, the lead elements of the New Model Army clashed with Royalist outposts near Daventry on June 12, alerting Charles to Fairfaxs approach. Unable to receive reinforcements from Goring, Charles and Prince Rupert decided to fall back towards Newark. As the Royalist army moved towards Market Harborough, Fairfax was reinforced by the arrival of Lieutenant General Oliver Cromwells cavalry brigade. That evening, Colonel Henry Ireton led a successful raid against Royalist troops in nearby Naseby village which resulted in the capture several prisoners. Concerned that they would be unable to retreat, Charles called a council of war and the decision was made to turn and fight. Maneuvering through the early hours of June 14, the two armies formed up on two low ridges near Naseby separated by a low plain known as Broad Moor. Fairfax placed his infantry, led by Sergeant Major General Sir Philip Skippon in the center, with cavalry on each flank. While Cromwell commanded the right wing, Ireton, promoted to Commissary General that morning, led the left. Opposite, the Royalist army lined up in similar fashion. Though Charles was on the field, actual command was exercised by Prince Rupert. The center was comprised of Lord Astleys infantry, while Sir Marmaduke Langdales veteran Northern Horse was placed on the Royalist left. On the right, Prince Rupert and his brother Maurice personally led a body of 2,000-3,000 cavalry. King Charles remained in the rear with a cavalry reserve as well as his and Ruperts infantry regiments. The battlefield was bounded on the west by a thick hedgerow known as the Sulby Hedges. While both armies had their lines anchored on the hedges, the Parliamentarian line extended further east than the Royalist line. Around 10:00 AM, the Royalist center began to advance with Ruperts cavalry following suit. Seeing an opportunity, Cromwell dispatched dragoons under Colonel John Okey into the Sulby Hedges to fire on Ruperts flank. In the center, Skippon moved his men over the crest of the ridge to meet Astleys assault. Following an exchange of musket fire, the two bodies clashed in hand-to-hand fighting. Due to a dip in the ridge, the Royalist attack was funneled into a narrow front and hit Skippons lines hard. In the fighting, Skippon was wounded and his men slowly pushed back. To the left, Rupert was forced to accelerate his advance due to fire from Okeys men. Pausing to dress his lines, Ruperts cavalry surged forward and struck Iretons horsemen. Initially repulsing the Royalist attack, Ireton led part of his command to the aid of Skippons infantry. Beaten back, he was unhorsed, wounded, and captured. As this was occurring, Rupert led forward a second line of cavalry and shattered Iretons lines. Surging forward, the Royalists pressed into Fairfaxs rear and attacked his baggage train rather than rejoining the main battle. On the other side of the field, both Cromwell and Langdale remained in position, neither willing to make the first move. As the battle raged, Langdale finally advanced after about thirty minutes. Already outnumbered and outflanked, Langdales men were forced to attack uphill over rough terrain. Committing around half his men, Cromwell easily defeated Langdales assault. Sending a small force to pursue Langdales retreating men, Cromwell wheeled the remainder of his wing to the left and attacked into the flank of the Royalist infantry. Along the hedges, Okeys men remounted, joined with the remnants of Iretons wing, and attacked Astleys men from the west. Their advance already halted by Fairfaxs superior numbers, the Royalist infantry now found itself under attack on three sides. While some surrendered, the remainder fled back across Broad Moor to Dust Hill. There their retreat was covered by Prince Ruperts personal infantry, the Bluecoats. Repulsing two attacks, the Bluecoats were ultimately overwhelmed by advancing Parliamentarian forces. In the rear, Rupert rallied his horsemen and returned to the field, but was too late to make any impact as Charles army was in retreat with Fairfax in pursuit. Battle of Naseby: the Aftermath The Battle of Naseby cost Fairfax around 400 killed and wounded, while the Royalists suffered approximately 1,000 casualties and 5,000 captured. In the wake of the defeat, Charles correspondence, which showed he was actively soliciting aid from Catholics in Ireland and on the Continent, was captured by Parliamentarian forces. Published by Parliament, it badly damaged his reputation and boosted support for the war. A turning point in the conflict, Charles fortunes suffered after Naseby and he surrendered the following year. Selected Sources British Civil Wars: The Storming of Leicester and the Battle of NasebyHistory of War: Battle of Naseby

Friday, November 22, 2019

Definition and Examples of Assemblage Errors in English

Definition and Examples of Assemblage Errors in English Definition In  speech  and  writing, an assemblage error  is an unintentional rearrangement of sounds, letters, syllables, or words. Also called a movement error or slip of the tongue. As linguist Jean Aitchison explains below, assemblage errors provide important information about the way humans prepare and produce speech. See Examples and Observations below. Also see: Aphasia Cognitive Linguistics and Psycholinguistics EggcornsMalapropismsMalapropisms and Mondegreens: Unintentional Word PlayMetathesisMispronunciation Slip of the Ear, Slip of the Pen, and Slip of the Tongue SpoonerismVerbal Play Examples and Observations A . . . common form of assemblage error is anticipation, which occurs when a person utters a word or sound too early. Instead of saying that he or she is about to make an important point, a person might anticipate the oi sound and say impoitant point. Words can also be anticipated, as in the phrase when you buy the laundry, instead of when you take the laundry, buy me some cigarettes. In other cases, people sometimes repeat sounds, saying a tall toy instead of a tall boy. These mistakes most frequently occur close together, within a single phrase. This suggests that people plan the entire phrase before saying it, choosing and arranging several words at a time and then occasionally misassembling the parts.(William D. Allstetter, Speech and Hearing. Chelsea House, 1991) Main Types of Assemblage Errors- These misorderings are of three main types: anticipations (premature insertion), as in she shells sea shells, exchanges or transpositions (place swapping), as in cling spreaning spring c leaning, and perseverations (repetitions), as in one-way woad one-way road. Such errors provide important information about the way humans prepare and produce speech: for example, the large number of anticipations, compared with perseverations, indicates that humans are thinking ahead as they speak, and are able to erase the memory of what they have said quite fast. Assemblage errors contrast with selection errors, in which a wrong item has been chosen. Together, these form the two major subdivisions within slips of the tongue (speech errors). A similar distinction can be made within slips of the pen (writing errors), and slips of the hand (signing errors).(Jean Aitchison, A Glossary of Language and Mind. Oxford University Press, 2003)- Not all slips fit neatly into one or other of the categories suggested earlier. For example, is conversation for conservation a selection error, in which one similar-sounding word has been picked instead of another? Or an assemblage error, in which t he [s] and [v] were reversed? Or what about the student who, describing her new boyfriend, said Hes such a lovely huskuline man. Was this a genuine blend, in which the similar-meaning words husky and masculine had been bundled together, when she meant to say only one? Or was it a telescopic blend, in which two adjacent words had been telescoped together in a hurry, so that what she had really meant to say was husky AND masculine? Or what went wrong in the slip peach seduction for speech production? This one is especially hard to categorize.(Jean Aitchison, Words in the Mind: An Introduction to the Mental Lexicon, 4th ed. Wiley-Blackwell, 2012) Implications of Movement (Assemblage) Errors[M]ovement errors have provided a basis for claims that sentence-planning processes proceed in distinct processing levels, and that lexical and segmental content are significantly dissociated from their phrasal environments in the computational processes that build sentence form. . . .The two levels of sentence processing indicated by the movement errors correlate directly with two major types of lexical processing implied by the patterns of lexical substitution errors. The two levels of sentence structure motivated by the several types of movement errors may plausibly be associated, respectively, with a conceptually driven process that provides lexical content for abstract syntactic structures, and with a form-driven process that associates the phonological descriptions of words with their phrasal environments.(Merrill F. Garrett, Lexical Retrieval Process: Semantic Field Effects. Frames, Fields, and Contrasts: New Essays in Semantic and Lexical Organization, ed. by Adrienne Lehrer and Eva Feder Kittay. Lawrence Erlbaum, 1992) The Lighter Side of Assemblage ErrorsOnce a time upon, a gritty little pearl named Little Rude Riding Head had a gasket for her branny.She had . . .. . . a broaf of homemade lead,. . . a wottle of bine,. . . grapples and apes,. . . three or four belly jeans,. . . a bag of pollilops,. . . some shop chewey,. . . a twelve-inch peese chizza. . . some sicken noodle choop,. . . some plack-eyed bees,. . . and a bottle of boot rear.(Rob Reid, Something Funny Happened at the Library: How to Create Humorous Programs for Children and Young Adults. American Library Association, 2003)

Thursday, November 21, 2019

Contract law Essay Example | Topics and Well Written Essays - 2000 words - 1

Contract law - Essay Example Consideration refers to something of value which is provided for a promise and must be provided to enforce the contract. An agreement not supported by a consideration is not binding An offer portrays a will to contract on the basis of the specified terms and once accepted by the other party, the offeror is bound if through the offer, the contracting party is convinced that the offeror intends to transact as per specified terms. For instance in the case of Carlill v Carbolic Smoke Ball Company [1893] 2 QB 256, a medical firm placed an advert for its new drug called carbolic smoke ball would cure flu. The advert further stated that buyers of this drug would be paid ?100 if the drug did not cure as provided. The court held that the advertisement was actually an offer which was biding. The following section is an advice to Cleanaway Limited as to whether they are contractually bound to provide cleaning services to the Council. Evidently, Cleanaway made an offer to the Council by agreeing to provide a quotation for their service on Monday 21 September. Initially, Cleanaway had made an offer for house cleaning services on hourly basis which was placed at ?40 per hour. However, the Council seemed not satisfied with initial offer that was made on their standard form. On Monday 28th September, the Council sent a fax asking for another quote now on per unit basis, to which Cleanaway Limited responded via fax the following day at ?200 per house. The second offer stipulated that both the standard terms and conditions applied. Based on this, Cleanaway Limited had made two offers to the Council and on the part of acceptance; Cleanaway expressly stated that the council must do it in writing by Friday 2 October. This is a clear indication that the offer had a stipulate period after which it could no longer apply. According to MARSHALL (2012), acceptance to an offer represents unqualified and final expression of assent to the terms of an offer. It represents a manifestation by the recipient to be bound by the terms of the offer. Ideally, an offer has to be accepted precisely to form an agreement. Such an offer must be accepted and all terms complied with. According to ZYWICKI (2008), acceptance has no legal effect until it is communicated to the offeror since it is important for the offeror to know that his offer has been accepted. In this vein, the common law provides that postal acceptance becomes effective when the acceptance letter is posted regardless of whether the letter is delayed, destroyed on misplaced when in transit. However, the postal rule fails to apply when the offer excludes such provisions expressly. Communication via post creates some practical difficulties considering that an offeror can withdraw an acceptance before it reaches the offeree. In this regard, there is an exception to the mode of communication. In Adams v Lindsell (1818) and Household Fire Insurance v Grant (1879), the court held that the decision to treat postage as a sig n of completion of an acceptance can be risky due to problems of loss and delays. As such, postal acceptance rule can only apply in circumstances where use of postage was reasonably contemplated by both transacting parties or was indeed stipulated by the offeror in the offer. Having said that and by considering technology advancement, the court is presently trying to confine the scope of postal acceptance principle. In Holwell

Tuesday, November 19, 2019

BUSINESS ECONOMICS COURSEWORK Essay Example | Topics and Well Written Essays - 2000 words - 1

BUSINESS ECONOMICS COURSEWORK - Essay Example In this labor contract, wages and benefits are specified. However, Bhagat is free to choose the quantity of labor it employs. Bhagat has announced a $3 price increase for its machine parts. This figure represents the projected $3 increase in labor costs due to its new union contract. It is Gina’s responsibility to evaluate this announcement. Many firms use cost-plus pricing for supply contracts as the changes in cost-plus contracts are more likely to become a responsibility of the purchaser of the product. Thus, fluctuations and volatility of labor costs, price for fuel and other resources are the risks of the purchaser of the product rather than supplier/manufacturer. Cost-plus pricing mitigates the risks of the supplier/manufacturer of the product and therefore, makes him feel more relaxed and less motivated to reduce costs associated with production of the product. Purchaser of the product has to pay for these costs, which incurs increase of the price of the product sold and therefore either decreases his mark up or weakens his competitive position on the market. Personal video recorders (PVRs) are digital video recorders used to record and replay television programs received from cable, satellite, or local broadcasts. But unlike VCRs, which they replace, PVRs offer many more functions, notably the ability to record up to 80 hours of programs and easy programming. A PVR consists of an internal hard disk and micro processor. After the owner installs the hardware, the PVR downloads all upcoming TV schedules to the hardware via a phone or cable connection. Users merely enter the name of the show(s) they want recorded and the system finds the time and channel of the show and automatically records it. Users must subscribe to a cable or satellite system if they wish to record programs off these channels. Besides ease of programming and much larger recording capacity than video tape,

Sunday, November 17, 2019

PC SPECIFICATIONS TABLE Essay Example for Free

PC SPECIFICATIONS TABLE Essay An U.S. Army Colonel talked (use another word besides talked or restructure the sentence so that you won’t have to use the â€Å"talked†) about Sexual Assault and Sexual Harassment issues at the SHARP (what is sharp?) training meeting. (I think this lede is a bit vague and boring) In the battle against sexual assault and sexual harassment Col Howard Covington continuously work in sending the message that we are failing in this matter. â€Å"Working together is what can provide continuity of care to the victims and make them feel that they are not left behind† said Col Harold Covington, an Executive officer. He also indicated that commanders are responsible to establish a command climate that is safe to Soldiers soldiers shouldn’t be capitalize and civilians alike through training and education. â€Å"Many people had been hurt and many soldiers have not been held responsible for their acts because commanders are failing to implement the â€Å"zero tolerance policy† and allowing climate of harassment to continue in their units† said CPT Jen Taylor, a U.S. Army IG advisor. We all have a responsibility to take action to change our culture to eliminate an â€Å"enemy that lies within our ranks† responded Col Covington . We need to demonstrate through our words and actions the importance in this matter. CW2 this isn’t a recognizable title maybe it should be spelled outMichael Dilts, an HR officer said that to protect the victims and re-ensure they are not re-victimized must be a first priority in every command â€Å"we have the option of geographically separate the victim and the alleged offender† the victim has the preference to request her/his preferences. He added. This is very confusing and shouldn’t be a sentence but maybe added to the previous sentence or add more attributions SFC Angel Keen, a logistician NCOIC said, â€Å"I’d seen cases where the victim doesn’t have this option because commander prioritizes the mission first and not the victim situation.† SFC Terry Brown said â€Å"many sex harassment situations don’t go forward because there is not witness or proof that incident occurred, basically end in her word again his words.† He added, Situations like this are hard to resolve because you don’t want to hurt an innocent or you don’t want a harasser be free (this should be in quotations and why is the situations capitalized?). Col Covington responded, â€Å"Reporting procedures are very important and every individual need to know them. We are failing because many individuals don’t know what to do in a case of sexual harassment or sexual assault.† We need to continuously send the message to everyone that we are not tolerating sexual acts and our policy is in practice. CPT Taylor said, â€Å"How can we help those victims that failed to report sexual incidents because they feel blamed and they think that nobody will believe them.† Cold Covington responded, â€Å"We need to keep sending the message to the victims that we are here for support and to fight against sexual assault and sexual harassment acts.† CW2 Michael Dilts said all soldiers most be treated properly and succeed in an environment that allow them to achieve their best potential. The Army’s SHARP policies apply to everyone regardless of the ranks, age, gender, and are sexual orientation neutral. â€Å"An individual’s sexual orientation is a personal and private matter† he added. Army’s policy on sexual harassment covers Family members and soldiers 24/7. Suggestive comments are unwelcome, unwanted and sexual in nature constitute sexual assault and is a crime. Col Covington said, â€Å"We need to stop the quid pro quo and eliminate the hostile environment in our Army.† If we don’t start working in these two areas, we won’t be able to protect our soldiers. Sexual Harassment is a violation of Title VII of the Civil Rights Act. Complaints are processed IAW AR 690-600 and 29 CFR Part 1614. Physical contact such as  grouping and fondling constitutes sexual assault and is punishable under UCMJ, and other Federal and local civilian laws. (this isn’t a good closing paragraph and I think this should be towards the middle of this article)

Thursday, November 14, 2019

Analytical Evaluation of Freud Essay -- essays research papers

Based on the past information and the information I acquired during the duration of this course I chose to do my evaluation on Erik Erikson using the classical psychoanalysis of Sigmund Freud and Carl Rogers using the non-Freudian / interpersonal approach from Adler and Jung. Since there is no way to tell if either theory is right or wrong it is imperative that we discover our own theory among the popular ones and derive our own method of practice based on our current knowledge. This is done by comparing and evaluating each psychologist and their own theories to derive a common ground among each of them. In response to Erik Erikson and his approach on ego psychology he was an insecure child growing up who had problems with identity confusion. According to Freud and the classical psychoanalysis, this could possibly be a reflection of his Oedipus complex in where he can not identify with his father nor can he get close to his mother. Since he is dealing with his own confusion of his own identity he can no longer have feelings of closeness with either parent causing him to feel abandoned. His father abandoned him at an early age and so he never had that feeling of closeness with his father. Being as though he did not have that male role during his growing up he can not feel that sense of love coming from either parent which caused him to come up with the ego identity model in his own practices. Freud didn't exactly invent the idea of the conscious versus unconscious mind, but he certainly was responsible for making it popular. The conscious mind is what you are aware of at any particular moment, your present perceptions, memories, thoughts, fantasies, feelings, what have you. Working closely with the conscious mind is what Freud called the preconscious, what we might today call "available memory:" anything that can easily be made conscious, the memories you are not at the moment thinking about but can readily bring to mind. Now no-one has a problem with these two layers of mind. But Freud suggested that these are the smallest parts! Freud created a sense of super ego where you internalize the parental standards, ideas, and prohibitions. Since Erikson had no parents to identify with his sense of standards were nonexistent. He had a feeling of inferiority in rel... ...p; Obviously, everyone suffers from inferiority in one form or another. For example, Adler began his theoretical work considering organ inferiority, that is, the fact that each of us has weaker, as well as stronger, parts of our anatomy or physiology. Some of us are born with heart murmurs, or develop heart problems early in life; Some have weak lungs, or kidneys, or early liver problems; Some of us stutter or lisp; Some have diabetes, or asthma, or polio; Some have weak eyes, or poor hearing, or a poor musculature; Some of us have innate tendencies to being heavy, others to being skinny; Some of us are retarded, some of us are deformed; Some of us are terribly tall or terribly short; And so on and so on. Both Erikson and Rogers possessed different qualities that can be attributed to other psychologists to evaluate themselves and their performance in the world of psychology. Each different theorist created a different contribution to psychology and neither one is right or wrong. It is up to each individual person to create their own image of what is right or wrong and what they want to teach in their lives and use in their every day life.

Tuesday, November 12, 2019

Democracy and Pragmatism Philosophies: Approaches to “The Grapes of Wrath” Essay

In 1939, â€Å"The Grapes of Wrath† by John Steinbeck formed an agitation of excitement and controversy upon its emancipation. The book forced the American public into a heightened awareness of national consciousness. Influenced by the thoughts of several dominant American philosophies such as transcendentalism, democracy and pragmatism, Steinbeck creates a masterpiece that edifies Americans about their value scheme. This work of art finds its main lineage from three following elements of American philosophy: Emersonian Transcendentalism with its perception of the oversoul and conviction in the common man, Walt Whitman’s devotion of the common man and his credence in mass Democracy, and Pragmatism as advocated by William James and John Dewey. Transcendentalism Transcendentalism is a belief system that espouses a non-traditional appreciation of nature and includes intuition, individuality, and self-reliance. It initiated as a remonstration, in opposition to the general situation of society, and specifically, the state of intellectualism and the doctrine of the Unitarian church at that juncture. Transcendentalists’ fundamental principle is an epitome of spiritual state that goes beyond the physical and empirical aspects and is barely attained through people’s instincts, rather than through the dogma of conventional religions (Goodman). Steinbeck was indeed influenced by this philosophy and the ideologies of this are evident in his novel, â€Å"The Grapes of Wrath†. The author conveys the idea of transcendentalism to the readers through a range of exceedingly noteworthy characters. One such character is that of Jim Casey, a former reverend and long-time acquaintance of the Joads. As a preacher like none other, he does not give a sermon of the conformist thoughts of Christian faith. Instead, he sermonizes of the Emersonian tenets of the Oversoul. Jim Casey symbolizes a contemporary Christ form who desires to pass on spiritual solidity to migratory people heading towards the West (Steinbeck). Among the various correlations between Jim Casey and Jesus Christ are the following. Casey pays attention to the people, thinks deeply and philosophically about what is happening to them, and becomes a role model for most of the characters in the story. A quote from the narrative denotes the aforementioned similarities. â€Å"Muley is a lost soul. He wouldn’t come along with us† (Steinbeck). Casey in this quotation acts as Jesus Christ contemplating why Muley, depicted as one of His Apostles, would not approach and follow him. Alternatively, transcendentalism can also be seen in Ralph Waldo Emerson’s essay, which is entitled Nature. As indicated in his essay, he believes that a nation of men will exist because each believes that he is inspired by the Divine Soul which also fills all men with stimulation (Emerson). He closed the article by encouraging men for a revolution in human consciousness. â€Å"Emerson discards the Unitarian line of reasoning that miracles confirms the fact of Christianity and finds evidence for religion being more direct in creating a pious response† (Goodman). Democracy This is generally defined as the rule of the people where the individuals share in guiding the national activities, functioning either directly or by means of delegates, to manage their associations for their particular objectives. Equality is of great worth in considering this and would free persons as much as feasible from constraints which are not self-imposed. Steinbeck was also influenced by this philosophy and its ideologies are also reflected in his work. One of his characters, named Tom Joad, the oldest child of Ma and Pa Joad represents this. As we can cite in the book’s introduction, â€Å"Tom Joad gets a lift at a truck stop and tells the driver he’s paroled from prison in McAlester (for murder) and he’s headed home† (Steinbeck), the author unveils Tom as departing from imprisonment which symbolizes democracy and arrives at their place after being on the rampage. He subsequently learns a lot of things from their family friend, Jim Casey, and eventually matures in the course of their voyage, leaving their customary society to combat disparity (Steinbeck). In connection with advocating democracy, another avid supporter of this view comes with the poem referred to as â€Å"I Hear America Singing†. Walt Whitman, as the author, appears to have the love of all men and of mass democracy. Blessed with an exceptional ear for inner cadence, his application of a musical tone and mood all through the poem makes a connection to the concept of the free democratic structure in the society. Whitman expresses his considerably liberated, undulating, and continuing stanzas which invigorated the whole world of rhythmical style of writing, and particularly asserts that America has to establish its own modern dynamic and hearty voice. He made a hymn the whole time with his piece. His couplet embarks on presenting various people with different everyday tasks. In their daily lives each person sings â€Å"what belongs to him or her and to none else† (Whitman). Through his poem, he voices his belief that every American has pride in their life and vocation; thus, enhancing the concept of democracy. And for this, Whitman is honored as the Bard of Democracy, as the United States of America came to address the excellent writer. But needless to say, he also showed his support in democracy as affirmed in his letter to Emerson which states that â€Å"To freedom, to strength, to poems, to personal greatness, it is never permitted to rest, not a generation or part of a generation† (Whitman). Pragmatism Then as the final viewpoint, pragmatism is termed as a way of thinking wherein the certainty of a representation is considered by its uniformity with provisional consequences and by its realistic result. This prevails to be contrasting in doctrines that cleave to the idea that a fact can be achieved by means of deductive reasoning from a priori justification of premises. Furthermore, â€Å"the accepted wisdom is taken as merely a mechanism for sustaining the life aspirations of human beings and has no authentic metaphysical implication† (Shook). Steinbeck was also influenced by this philosophy and its ideologies are also apparent in his work. Appearing in the novel, when Ma Joad, the wife of Pa Joad and the matriarch of the family, addresses the people to †go on† (Steinbeck), it is a straightforward delivery of steadfast pragmatism. Ma is in fact the source of strength and determination for all of the family members and is especially close to Tom. Moreover, â€Å"She states that her thinking about the future would be too much. She has to take care of what’s in front of her† (Steinbeck). And as regards to advocating pragmatism, a proponent named William James, states that pragmatism is a specific philosophy in which beliefs are consequential as long as they have useful outcomes in tangible human events. He also believes that pragmatism is a worthwhile solution to some recent points of the word. James also claims that pragmatic values have certain attitudes which are eligible as true or false depending on how effective they attest in deed. Another proponent of pragmatism like James, named John Dewey, â€Å"maintains that the mind is an instrument for realizing purposes†(Goodman). According to him, in pragmatism’s moral facet, it holds that real knowledge and human values play as essential roles in the choice of means employed in order to attain an end. Both James and Dewey contend that a large extent of the discussion about the association of the mind to the body take effect from abstract uncertainties. They also claim that it is not essential to speculate the psyche as an ontological class (Shook).   References: Emerson, R. W. â€Å"Nature.† Pearson Education, Inc. New Jersey. Prentice Hall (2002). Goodman, Russel. â€Å"Philosophy of Dewey.† The Radical Academy. 2006. May 24 2007. . Goodman, Russel. â€Å"Transcendentalism.†Ã‚   Stanford Encyclopedia of Philosophy. 2007. May 24 2007. . James, William. . Shook, John. â€Å"The Pragmatism Cybrary.†Ã‚   2007. May 24 2007. . Steinbeck, John. â€Å"The Grapes of Wrath.†Ã‚   (1939). Whitman, Walt. â€Å"Letter to Ralph Waldo Emerson.†Ã‚   1656. May 24 2007. . Whitman, Walt â€Å"I Hear America Singing.†Ã‚   Pearson Education, Inc. New Jersey. Prentice Hall (2002).   

Saturday, November 9, 2019

Law on Obligation and Contracts Reviewer

CAUSES OF EXTINGUISHMENT OF OBLIGATION 1. Payment or performance 2. Loss of the thing due 3. Condonation or remission of the debt 4. Confusion or merger of rights of creditor and debtor 5. Compensation 6. Novation I – PAYMENT OR PERFORMANCE PAYMENT means not only the delivery of money but also the performance, in any other manner of an obligation. How must the payment be made? 1. There must be delivery of the thing or rendition of the service that was contemplated. a. The debtor of a thing cannot compel the creditor to accept a different one although the latter may be of the same value as, or more valuable than that which is due. . In obligation to do or not to do, an act or forbearance cannot be substituted by another act or forbearance against the creditor's will. c. In obligation to give generic thing whose quality and circumstance have not been stated, the creditor cannot demand a thing of superior quality neither can the debtor deliver a thing of inferior quality. The pur pose of the obligation must be taken into consideration. d. If the obligation is a monetary obligation, the payment must be in legal tender. 2. The payment or performance must be complete. Exceptions: 1. If the obligation has been substantially performed in good faith, the debtor may recover as though there had been complete fulfillment less damages suffered by the creditor. 2. When the creditor accepts the performance knowing its incompleteness or irregularity and without expressing any protest or objection. Who must make the payment? Payment must be made by the debtor who must possess the following: 1. the free disposal of the thing due; and – the property must not be subject of any claim by third person. 2. the capacity to alienate the thing. – debtor must not be incapable of giving consent otherwise the payment is void. Payment by a third person The creditor is not bound to accept payment or performance by a third person EXCEPT in the following cases: 1. when there is a stipulation to that effect 2. when the third person has an interest in the fulfillment of the obligation (example: guarantor) Rights of a third person who makes the payment a. payment with knowledge and consent of the debtor 1. third person can recover what he has paid from the debtor 2. third person is entitled to be subrogated in the rights of the creditor b. payment without the knowledge or against the will of the debtor 1. e can recover only insofar as the payment has been beneficial to the debtor 2. he is not entitled to subrogation Payment by a third person who does not want to be reimbursed -The payment shall be deemed to be donation which requires the debtor’s consent. To whom shall payment be made? 1. to the creditor 2. to the creditor’s successors in interest 3. to any person authorized to receive payment Paym ent to an unauthorized third person General Rule: Not valid Exceptions: 1. Payment has redounded to the benefit of the creditor; 2. Payment is made in good faith to a third person in possession of the credit. Where payment must be made? 1. If there is a stipulation, then in the place designated. 2. If there is no stipulation a. to give determinate thing – wherever the thing must be at the time the obligation was constituted. b. to give generic thing or an obligation to do – domicile of the debtor Special forms of payment 1. Dation in payment (Dacion en pago) – it is a special form of payment where the ownership of a property belonging to the debtor is transferred to his creditor to a debt in money. 2. Application of payment – it is the designation of the debt to which payment shall be applied when the debtor owes several debts in favor of the same creditor. Procedure: . the debtor is given the preferential right to apply the payment designates the debt to be paid. 2. if the debtor does not make the designation, the creditor makes it by indicating the debt being paid in his receipt. 3. if neither the debtor nor the creditor makes the designation or application: a. payment shall be applied to the debt which is the most onerous b. if the debts are the same – to all debts proportionately 3. Payment by cession – it is the abandonment or assignment by the debtor of all his property in favor of his creditors so that the latter may sell them and recover their claims out of the proceeds. Requisites: . there must be two or more creditors; 2. the debtor is insolvent; 3. the debtor abandons all his properties 4. the creditors accept the abandonment Note: The cession or assignment operates only to authorize the creditors to sell the debtor’s property, hence, ownership is not transferred to them. 4. Tender of payment and consignation Tender of payment is the act of the debtor of offering to his creditor what is due him. Consignation is the act of depositing the sum or thing due with the judicial authorities whenever the creditor refuses without just cause to accept the same, or in the cases when the creditor cannot accept it. Effect of consignation duly made -The debtor may ask the judge to order the cancellation of the obligation. The obligation shall be extinguished after the creditor has accepted the consignation or the judge has declared that the consignation has been properly made. When consignation, without a previous tender of payment, will produce the same effect: 1. the creditor is absent or unknown or does not appear at the place of payment. 2. the creditor is incapacitated to receive the payment at the time it is due. 3. when, without just cause, he refuses to give receipt. 4. two or more persons claim the same right to collect. II – LOSS OF THE THING DUE A. Concept A thing is considered lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or cannot be recovered. B. Effect on the obligation 1. Loss of a determinate thing General Rule: obligation is extinguished. Exceptions: a. when the loss is due to the fault of the debtor. b. when the debtor has incurred in delay. c. when so provided by law. (ex. The debtor promised to deliver the same thing to two or more persons who do not have the same interest. ) d. when it is stipulated by the parties. e. hen the nature of the obligation requires the assumption of risk. 2. Loss of a generic thing – the loss of destruction of anything of the same kind does not extinguished the obligation. C. Creditor’s right if the loss is caused by a third person – if the obligation has been extinguished by the loss of the thing, the creditor shall have all the rights of action which the debtor may have a gainst third persons by reason of the loss. III – CONDONATION OR REMISSION OF DEBT A. Concept Condonation or remission is the gratuitous abandonment by the creditor of his right. In plain language, this refers to the forgiveness of indebtedness. To extinguish the obligation, it requires the debtor’s consent. B. Kinds of condonation or remission 1. as to the amount or extent a. Total – when the total obligation is remitted. b. Partial – when only part of the obligation, or only the accessory obligation is remitted. 2. as to form a. Express – one made orally or in writing. b. Implied – one inferred from the conduct of the parties. C. Effect of condonation or remission 1. The remission of the principal debt extinguishes the accessory obligation. 2. the remission of the accessory obligation does not carry with it that of the principal debt. IV – CONFUSION OR MERGER A. Concept Confusion or merger is the meeting in one person the qualities or the character of creditor and debtor. B. Effect of merger when there is guarantor 1. Merger which takes place in the principal debtor or creditor benefits the guarantors. Both the principal obligation and the guaranty are extinguished. 2. Merger which takes place in the person of the guarantor does not extinguish the obligation, only the guaranty is extinguished. V- COMPENSATION A. Concept Compensation is a mode of extinguishing an obligation when two persons, in their own right, are debtors and creditors of each other. B. Kinds of compensation 1. as to amount or extent a. Total – when the debts are of the same amount. b. Partial – when the debts are of different amount. 2. as to cause or origin a. legal – it takes place by operation of law and extinguishes both debts to the concurrent amount even though the debts are payable at different places and the creditors and debtors are not aware of the compensation. Requisites: 1. That each one of the obligors be bound principally, and that he be at the same time a principal creditor of the other. 2. That both debts consist in a sum of money or if the things due are consumable, they be of the same kind, and also of the same quality if the latter has been stated. . That the two debts are due. 4. That both debts be liquidated and demandable b. Voluntary or conventional redemption – takes place by agreement of the parties, such as when they agree to the compensation of debts which are not yet due. c. Judicial – compensation ordered by the court. d. Facultative – compensa tion that may be claimed or opposed by one of the parties (such as when not all the requisites for legal compensation cannot take place) VI – NOVATION A. Concept It is the modification or extinguishment of an obligation by another, either by: a. changing the object or principal condition; b. ubstituting the person of the debtor; or c. subrogating a third person in the rights of the creditor. B. Requisites of novation 1. there must be a previous valid obligation. 2. there must be an agreement between the parties to modify or extinguish the obligation. 3. the extinguishment of the old obligation. 4. the validity of the new obligation. C. Kinds of novation 1. as to object or purpose a. Real or objective – novation by changing the object or principal condition. b. Personal or subjective – novation by change of the parties (debtor or creditor). a) substituting the person of the debtor (always with the creditor’s consent) 1. Expromision – third person initiates the substitution and assumes the obligation even without the knowledge or against the will of the debtor) 2. Delegacion – debtor initiates the substitution, which requires the consent of all parties (original debtor, creditor and new debtor) b) Subrogating a third person in the rights of the creditor. Kinds of Subrogation 1. Conventional subrogation – change of creditor by the agreement of the parties. 2. Legal subrogation – subrogation by operation of law. 3. Mixed subrogation – change of object and parties to the obligation. 2. as to form a. Express – novation declared in unequivocal terms. b. Implied – when the old and new obligation are on every point incompatible with each other. 3. as to extent a. Total – the old obligation is totally extinguished. b. Partial – the old obligation still remains in force except as it has been modified. D. Effect if new obligation is void If the new obligation is void, the novation is void. In such case, the original one shall subsist. E. Effect if original obligation is void The novation is void if the original obligation is void. If the original obligation is void, there is no obligation to extinguish since it is non-existent.

Thursday, November 7, 2019

Theory of knowledge essay Essays

Theory of knowledge essay Essays Theory of knowledge essay Essay Theory of knowledge essay Essay Facts and theories are terms often used alongside one another, which imply the existence of a nexus between them, especially in the pursuit and ascertainment of truth. However, the correlation between facts and theories varies according to the area of knowledge in question. It is unclear whether facts help in establishing theories or theories help make facts sensible in the pertinent area of knowledge. Theories may be an antecedent to facts in one field, but the nature of another area of knowledge may dispense with the need to formulate a theory first. The purpose of this essay is to examine the nexus between the two aspects with reference to natural sciences and history. The analysis uses practical examples derived from the two areas of knowledge to demonstrate how the nexus between facts and theories takes shape differently in each field. Knowledge facts Facts are essentially what establish the veracity of a synthetic proposition. They are mind-independent states that render an assertion true or false. On the other hand, a theory simply refers to a wider framework that gives meaning to the facts derived from a pursuit of truth. A theory has to be backed by facts to be credible. That means that ones convictions about a phenomenon would not be deemed a theory unless there were facts that back the position. Particularly in natural science, any theory, no matter how it is elaborate, is incomplete and suffers from confirmation bias in the absence of germane factors that prove its truth. The integration of evidence and facts derived from credible experiments as well as reality help in weighing and ascertaining the veracity of a theory. It also helps in the alteration and modification of the theory on trial. Theories play a critical part in explaining the facts whose existence would otherwise be confounding. For instance, as regards human i mmunodeficiency virus infection (HIV) and acquired immune deficiency syndrome (AIDS), it does not suffice to say that it is simply an incurable disease. Leaving the statement at that would be disconcerting and unsatisfactory. For this reason, scientists continue to build upon previous research to explain how the HIV supersedes the existing medications. Facts help establish true theories about phenomena witnessed across the world, but there needs to be a distinction between pure facts and said facts. Said facts refer to declarations even in spite of all evidence to the contrary that something is an indisputable fact. The essence of facts is that there is no requirement to make a declaration to assert its truth. There is no theory that can be said to establish the veracity of a fact as it is not a synthetic proposition. Thus, the assertion that theories can help make facts understandable does not mean that theories can disprove facts. Unlike theories, facts are independent of extrinsic manipulation, but theorists need to apply their mind to explain them. There are myriads of facts out there in the world all of which are not a linguistic expression of an idea and are mind-independent and therefore not meaningful. The facts just exist, such as the absence of a cure for HIV/AIDS. Interpreting such a fact entails borrowing from a theoret ical model in relation to something else through a comparative analysis that provides meaning to the fact. Knowledge theories Aristotle once suggested that theories are inherently digests of facts. The implication of this statement was that people simply go out and collect massive data, without formulating any theory. The theory is then derived from the facts obtained from the search as a way of explaining the discovered phenomenon. It is quite interesting that Aristotle suggested this as an explanation of what happens in science. Indeed, this would make the discovery of knowledge in natural science quite problematic, as scientists would have to go through the exigencies of gathering numerous data prior to sifting through it to discover where the theories lie. One good example of how Aristotles suggestion would work would be examining populations across the United States, gathering vast data in order to notice that the incremental use of depleted uranium (DU) has an adverse impact on the environment and humans. DU is principally a radioactive heavy metal that has high toxicity levels that can invoke multipl e health conditions. Afterward, from a series of deductions that lead back to this hypothesis, one would have formulated the theory that people exposed to DU in one way or another will suffer from a suite of health conditions. This, however, is not the way the scientific discovery of knowledge works. In natural science, facts are not an antecedent to theories. Unlike Aristotle, facts are by their essence digests of theories in science. For instance, a scientific study into the impact of DU on humans stems from a hypothesis that DU, as a radioactive material, is injurious to human health. Afterward, the scientific researcher will initiate an empirical study to prove or disprove this tentative position. The outcome of the study, whether it proves the hypothesis correct or incorrect, is a truth that is unaffected by the theory being tested. That means that the hypothesis is not a determinant of the research result. In this example, the impact of DU usage on the human body persists in spite of the existence or absence of any theory that links the two variables. In essence, this shows that the fact, which is the outcome of this study, is entirely autonomous from the hypothesis. If the study demonstrates that there is a positive nexus between the utilization of DU in the United States and negative health outcomes, then this vindicates the hypoth esis. However, where the study demonstrates that there is no relationship between the incremental application of DU and health issues, then this will result in the abandonment of the hypothesis. It may be very well that the outcome of the study prompts the researcher to modify the hypothesis. Rather than repeating the original hypothesis, the researcher may assert that if DU is deployed at existing levels, then it cannot lead to negative health outcomes. Areas of Knowledge The discovery of knowledge in history sometimes takes a different pathway than in natural science. In fact, the model applied in this area of knowledge is reminiscent of Aristotles proposal. It is possible for archaeologists to go out into a historical site in search of unspecified artifacts and uncover information about a historical era. Afterward, this discovery will enable them to arrive at deductions that lead back to a specific theory. However, this does not necessarily mean that predictive hypotheses are impossible in history. Indeed, an archaeologist seeking to uncover a pyramid pretty much has a preconceived idea and hypothesis of what one would find. The existence of the pyramid or the nature of the artifacts discovered in the search will help to either prove or disprove their initial hypothesis. If the historian finds the site in one way or the other, then it would be necessary to draw from existing theories or formulate new ones to explain the discovery. For instance, the existence of additional bodies alongside the Pharaoh is an indication of the Egyptian custom where nobles were buried with all their servants to cater to them in the afterlife. In this way, theories will help an archaeologist to make sense of the artifacts and bodies in the newly uncovered tomb. From the preceding discussion, it is decipherable that facts are critical in establishing theories in both history and natural science areas of knowledge. Alternatively, theorists are necessary to make sense of facts. Facts are innately mind-independent phenomena that are not meaningful in the absence of a theoretical framework that would help explain them. Without theories, facts would simply lie out there in the world as immutable truths, but they would neither be meaningful or useful to people. For instance, the lack of an HIV/AIDS cure is an indisputable fact, but the absence of theories that explain how existing and emergent treatments cannot eliminate HIV would render this fact entirely confounding. Likewise, uncovering a tomb in Egypt with additional bodies without alluding to knowledge about ancient Egyptian customs would make the discovery confusing to archaeologists. Fortunately, there are existing and emergent theories that help explain different phenomena, even as facts h elp to prove and disprove theories.

Tuesday, November 5, 2019

CLEVELAND Surname Meaning and Origin

CLEVELAND Surname Meaning and Origin The Cleveland surname most commonly originated as  a name for someone who came from the district of Cleveland in Yorkshire, England, a corruption of cliff lane, which described  the steep, hilly terrain of the region, from the Old English clif, meaning bank, slope and land, meaning land. According to the Dictionary of American Family Names, the Cleveland surname may also have originated in some families as an  Americanized spelling of the Norwegian surnames Kleiveland or Kleveland, habitational names from several farmsteads in Agder and Vestlandet, from the Old Norse kleif, meaning rocky ascent and  land,  meaning land. Surname Origin: English Alternate Surname Spellings: CLEAVELAND, CLEVLAND, CLIEVLAND, CLIVELAND Where in the World Is the CLEVELAND Surname Found? While it originated in England, the Cleveland surname is now most prevalent in the United States, according to surname distribution data from Forebears. Within the British Isles, at the turn of the 20th century, Cleveland was most common in Suffolk, England, followed by Gloucestershire, Wiltshire, Kent, Hampshire, Sussex, and Surrey. WorldNames PublicProfiler  also has the Cleveland surname as most commonly found in the United States, with the greatest numbers of people with this last name found in Alabama, Georgia, Mississippi, and Alaska. Famous People With the Last Name CLEVELAND Grover Cleveland - the 22nd and 24th president of the United StatesMoses Cleaveland - the progenitor of the famous Cleaveland whaling family of Marthas Vineyard and Nantucket in MassachusettsBenjamin Cleveland - American Revolutionary War patriot, best known  for his role in the American victory at the Battle of Kings Mountain.Dick Cleveland - American swimmer, winner of three Pan American Games and a former world record-holder.  Carol Cleveland -  British actress and comedian, best known  for her appearances on Monty Pythons Flying Circus. Genealogy Resources for the Surname CLEVELAND The Genealogy of the Cleveland and Cleaveland FamiliesThis three-volume set  published by Edmund Janes Cleveland in 1899 attempts to track in both the male and female lines, the posterity of Moses Cleveland of Ipswich, Suffolk County, England and Woburn, Middlesex County, Massachusetts. See also Vol. II and Vol. III. Free on Internet Archive. The Cleveland DNA ProjectThe Cleveland DNA Project is open to all  families with this surname, of all spelling variations, and from all locations. The group is working to  correlate test results and paternal pedigrees so that each family can identify their genetic heritage and  related Cleveland families. Common English Surnames: Meanings and OriginsLearn about the four types of English surnames, plus explore the meaning and origin of the 100 most common English last names. Cleveland Family Crest - Its Not What You ThinkContrary to what you may hear, there is no such thing as a Cleveland family crest or coat of arms for the Cleveland surname.  Coats of arms are granted to individuals, not families, and may rightfully be used only by the uninterrupted male-line descendants of the person to whom the coat of arms was originally granted. FamilySearch - CLEVELAND GenealogyExplore over 500,000 historical records and lineage-linked family trees posted for the Cleveland surname and its variations on the free FamilySearch website, hosted by the Church of Jesus Christ of Latter-day Saints. CLEVELAND Surname Family Mailing ListsRootsWeb hosts several free mailing lists for researchers of the Cleveland  surname. DistantCousin.com - CLEVELAND  Genealogy Family HistoryExplore free databases and genealogy links for the last name Cleveland. CLEVELAND Genealogy ForumSearch the archives for posts about Cleveland ancestors, or post your own Cleveland query. The Cleveland Genealogy and Family Tree PageBrowse genealogy records and links to genealogical and historical records for individuals with the popular last name Cleveland from the website of Genealogy Today.- References: Surname Meanings Origins Cottle, Basil.  Penguin Dictionary of Surnames. Baltimore, MD: Penguin Books, 1967.Dorward, David.  Scottish Surnames. Collins Celtic (Pocket edition), 1998.Fucilla, Joseph.  Our Italian Surnames. Genealogical Publishing Company, 2003.Hanks, Patrick and Flavia Hodges.  A Dictionary of Surnames. Oxford University Press, 1989.Hanks, Patrick.  Dictionary of American Family Names. Oxford University Press, 2003.Reaney, P.H.  A Dictionary of English Surnames. Oxford University Press, 1997.Smith, Elsdon C.  American Surnames. Genealogical Publishing Company, 1997.

Sunday, November 3, 2019

Social Entrepreneurism Module Case Study Coursework

Social Entrepreneurism Module Case Study - Coursework Example Therefore, their goals are short term, and they are the beneficiaries in the business venture. Parallel to this, social entrepreneurs invest in long-term investments where the society is the immediate beneficiary (Dees, Emerson & Economy, 2002). John Mackey started a healthy grocery using funds from savings and family borrowing. The main goal of John Mackey in starting the business was to help people acquire healthy groceries to reduce increased health problems. Later on, the business merged with two other groceries to form the ‘whole foods’. John Mackey is a social entrepreneur because his business had a long-term business venture with the first priority to promote societys prosperity to the maximum. He also confessed that he wanted to create a business venture that would promote human well-being for the community at large. He spent six years in school learning business entrepreneurship. He dropped from school frequently to support his social entrepreneurship venture. There are several characteristics that I learned from John Mackey’s entrepreneurship skills. There are various skills that I would relate to John Mackey’s entrepreneurship skills. First, he is skilled in the field of entrepreneurship. John Mackey spent years in college mostly learning the fields that he was interested in most. These skills helped him fulfill his entrepreneurship goal. This shows the need for one to have entrepreneurship knowledge, which helps one to make the right business decisions. Second, Mackey was determined to see his business venture succeed. He used six years in college learning and entrepreneuring at the same time. This shows how much determination it takes for a social entrepreneur to be successful. Third, Mackey was strategic in making his business decisions. He saw the need for his business to merge with two other groceries in order for the business to be more stable and increase the customer numbers. Lastly, Mackey was passionate in providing